Senate Bill sb0030Aer

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  1                                 

  2         An act relating to quality education; amending

  3         s. 1003.01, F.S.; defining the terms

  4         "core-curricula courses" and "extracurricular

  5         courses"; amending s. 1003.03, F.S.;

  6         establishing the constitutional class size

  7         maximum; providing for the determination of

  8         averages; providing for the department to

  9         calculate averages based upon student

10         membership surveys; providing implementation

11         options for school districts; providing

12         accountability for the class size reduction

13         measures; creating s. 1011.685, F.S.;

14         establishing an operating categorical fund for

15         implementing class size reduction; providing

16         for the use of the funds by school districts;

17         creating s. 1013.735, F.S.; establishing the

18         Classrooms for Kids Program; providing for the

19         allocation of funds; providing requirements for

20         district participation in the program;

21         providing for the use of the funds; creating s.

22         1013.736, F.S.; establishing the District

23         Effort Recognition Program; providing for

24         eligibility for school district participation;

25         establishing a district equity ratio for

26         purposes of calculating the allocation for the

27         program; providing for the use of the funds;

28         creating s. 1013.737, F.S.; establishing the

29         Class Size Reduction Lottery Revenue Bond

30         Program; authorizing the issuance of revenue

31         bonds to finance or refinance the construction,


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 1         acquisition, reconstruction, or renovation of

 2         educational facilities; providing legislative

 3         findings; specifying that the bonds are payable

 4         from first proceeds of lottery revenues

 5         transferred to the Educational Enhancement

 6         Trust Fund; establishing a covenant with

 7         bondholders to not materially and adversely

 8         affect their rights; providing for issuance of

 9         the bonds by the Division of Bond Finance on

10         behalf of the Department of Education; limiting

11         the total amount of such bonds issued;

12         providing for deposit of bond proceeds in the

13         Lottery Capital Outlay and Debt Service Trust

14         Fund; providing for the filing of complaints

15         for validation; providing for timely

16         encumbrances of funds for authorized projects;

17         amending s. 24.121, F.S.; removing limitations

18         on lottery revenues that may be pledged to the

19         payment of debt service; amending s. 121.091,

20         F.S.; authorizing certain instructional

21         personnel who receive authorization to extend

22         participation in the Deferred Retirement Option

23         Program; amending s. 220.187, F.S.; increasing

24         the total amount of tax credit and carryforward

25         of tax credit which may be granted each state

26         fiscal year; requiring parental notification to

27         the school district; allowing tax credits to be

28         carried forward; providing procedures; amending

29         s. 1003.02, F.S.; requiring school districts to

30         notify parents of acceleration mechanisms;

31         eliminating a cross-reference to conform to


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 1         changes made by the act; amending s. 1003.43,

 2         F.S.; providing that parenting skills be

 3         included; removing the requirement that a life

 4         management course be offered during the 9th and

 5         10th grade years; providing that participation

 6         in R.O.T.C. class satisfies a portion of the

 7         physical education requirement; creating s.

 8         1003.429, F.S.; providing for accelerated high

 9         school graduation options; providing

10         requirements; prohibiting school districts from

11         imposing additional requirements; amending s.

12         1007.261, F.S.; aligning university admission

13         standards with accelerated high school

14         graduation options; revising credits required;

15         amending s. 1003.436, F.S.; reducing the number

16         of hours required for one full credit for

17         district schools implementing block scheduling;

18         amending s. 1011.62, F.S.; removing a date

19         limitation to provide for categorical

20         flexibility; revising purposes of categorical

21         funds; amending s. 1011.69, F.S.; deleting

22         obsolete provisions; revising allocation amount

23         to average percent of funds generated; revising

24         the exemption for certain charter schools;

25         providing that Classrooms for Kids operating

26         categorial funds are not subject to provisions

27         requiring equity in school funding; amending s.

28         1013.03, F.S.; requiring the Department of

29         Education to review rules relating to school

30         construction and make recommendations to the

31         State Board of Education; amending s. 1013.31,


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 1         F.S.; requiring school districts to

 2         periodically update the inventory of

 3         educational facilities; amending s. 1002.37,

 4         F.S.; providing that certain funds are internal

 5         funds; authorizing supplemental support

 6         organization; revising administrative

 7         responsibilities regarding funding and

 8         reporting requirements for the board of

 9         trustees of the Florida Virtual School;

10         authorizing franchise agreements; providing for

11         funding the Florida Virtual School within the

12         Florida Education Finance Program; providing

13         for funding based on credit completion;

14         providing a calculation; eliminating obsolete

15         provisions; amending s. 1011.61, F.S.;

16         redefining the term "full-time equivalent

17         student" to include a Florida Virtual School

18         student; providing for membership to exceed

19         certain maximum days of instruction; creating

20         the Florida Business and Education in School

21         Together (Florida BEST) Program; requiring

22         school districts to seek business partners for

23         Florida BEST schools; requiring each school

24         district to create a Florida BEST school

25         evaluation committee; defining a "Florida

26         Business and Education in School Together

27         (Florida BEST) school"; providing for priority

28         in admission of students; providing parental

29         responsibility; providing for contracts to

30         operate Florida BEST schools; providing school

31         district and business responsibilities for


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 1         Florida BEST schools; providing exemptions from

 2         local government ordinances or regulations

 3         relating to square footage or floor area;

 4         repealing ss. 1002.33(13), 1012.41, 1012.73,

 5         and 1013.43, F.S., relating to number of

 6         charter schools, directors of career and

 7         technical education, the Florida Mentor Teacher

 8         School Pilot Program, and the small school

 9         requirement; amending s. 216.292, F.S.;

10         requiring the Executive Office of the Governor

11         to transfer funds for class size reduction

12         based on recommendations of the Florida

13         Education Finance Program Appropriation

14         Allocation Conference or the Legislative Budget

15         Commission; requiring notice and review;

16         amending s. 1003.62, F.S.; making pilot program

17         statewide; providing additional criteria for

18         the establishment of a charter school district;

19         providing for renewal of the charter; providing

20         certain exemptions from law and rule; providing

21         reporting requirements; grandfathering certain

22         districts; amending s. 1013.64, F.S.; providing

23         limitations on the use of certain funds;

24         revising provisions relating to the costs per

25         student station; requiring reports; creating s.

26         1000.041, F.S.; providing legislative purposes

27         and guiding principles of Better Educated

28         Students and Teachers (BEST) Florida Teaching;

29         amending s. 1001.33, F.S.; requiring

30         cooperation to apply guiding principles;

31         amending s. 1001.42, F.S.; providing that a


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 1         district school board may use certain personnel

 2         to assist teachers in noninstructional

 3         activities; requiring school district support

 4         of certain activities and programs; clarifying

 5         provisions concerning a school-within-a-school;

 6         amending ss. 1001.51 and 1001.54, F.S.;

 7         requiring cooperation and support of district

 8         school superintendents and school principals;

 9         amending s. 1002.20, F.S.; providing student

10         rights with respect to classroom orderliness;

11         amending s. 1002.42, F.S.; correcting a

12         cross-reference; amending s. 1003.04, F.S.;

13         requiring specified student conduct and

14         attendance; requiring parental cooperation with

15         school authority; amending s. 1003.31, F.S.;

16         requiring support of the authority of teachers

17         and bus drivers; amending s. 1003.32, F.S.;

18         revising provisions relating to teacher

19         authority and responsibility for control of

20         students; designating a school placement review

21         committee to determine placement for disruptive

22         students; requiring reports; requiring

23         Commissioner of Education review of success in

24         achieving orderly classrooms and use of

25         enforcement actions; requiring reporting of

26         knowledge or suspicion of crimes of violence on

27         school property and providing immunity;

28         amending s. 1004.04, F.S.; revising provisions

29         relating to state approval of teacher

30         preparation programs; expanding State Board of

31         Education rules establishing core curricula;


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 1         requiring teacher preparation programs to

 2         incorporate certain instruction; providing for

 3         guarantee; providing for additional teacher

 4         training under certain circumstances;

 5         authorizing pay for student teacher

 6         internships; authorizing additional standards

 7         for program approval and certification;

 8         deleting the requirement that pilot programs be

 9         established at the University of Central

10         Florida, the University of North Florida, and

11         the University of South Florida; allowing pilot

12         programs to be established as authorized by the

13         Commissioner of Education at colleges and

14         universities with state-approved teacher

15         education programs; providing priority

16         consideration for participation in teacher

17         education pilot programs; amending ss. 1006.08

18         and 1006.09, F.S.; requiring district school

19         superintendent and school principal support

20         relating to student discipline; amending s.

21         1012.05, F.S.; requiring the Department of

22         Education to provide for one-stop shopping for

23         teacher career information and on-line support;

24         authorizing use of funds to recruit and prepare

25         teachers; creating s. 1012.231, F.S.;

26         establishing a salary career ladder program;

27         providing levels of career ladder salary;

28         providing standards; providing limitations or

29         certain assignments; requiring the State Board

30         of Education to develop a long-range plan;

31         amending s. 1012.27, F.S.; requiring district


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 1         school superintendents to implement district's

 2         career ladder salary program; amending s.

 3         1012.56, F.S.; revising the time period for

 4         which an official statement of status of

 5         eligibility for certification is valid;

 6         revising requirements for mastery of general

 7         knowledge, mastery of subject area knowledge,

 8         and mastery of professional preparation and

 9         education competence; amending s. 1012.57,

10         F.S.; requiring district school boards to adopt

11         rules to allow for the issuance of adjunct

12         teaching certificates; revising provisions

13         relating to determination of expertise in the

14         subject area to be taught; amending s.

15         1012.585, F.S.; revising certain requirements

16         for renewal of professional certificates;

17         correcting a cross-reference; creating s.

18         1012.586, F.S.; authorizing school districts to

19         process certain applications via website;

20         providing for a fee and the uses thereof;

21         amending s. 1012.98, F.S.; revising provisions

22         relating to the School Community Professional

23         Development Act; deleting provisions relating

24         to recruitment, preparation, and professional

25         development of school administrative personnel;

26         amending s. 1009.531, F.S.; correcting a

27         cross-reference; creating ss. 159.831, 159.832,

28         159.833, 159.834, and 159.835, F.S., relating

29         to the Florida Qualified Public Educational

30         Facilities Private Activity Bond Allocation

31         Act; providing definitions; providing certain


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 1         state volume limitations on certain private

 2         bond activity; providing for department review;

 3         authorizing rule adoption; amending s. 1012.22,

 4         F.S.; providing that district's five-percent

 5         performance-pay policy must apply at each level

 6         of the salary career ladder program; creating

 7         s. 1012.987, F.S.; authorizing the State Board

 8         of Education to adopt rules for a principal

 9         leadership designation; requiring districts to

10         compare certain life-cycle costs of materials

11         used in constructing or expanding educational

12         facilities; providing for severability;

13         providing for construction of the act in pari

14         materia with laws enacted during the Regular

15         Session of the Legislature; providing effective

16         dates.

17  

18         WHEREAS, in 1998 the voters approved an amendment to

19  Section 1, Article IX of the State Constitution that required

20  the Legislature to establish by law a uniform, efficient,

21  safe, secure, and high-quality system of free public schools

22  that allows students to obtain a high-quality education, and

23         WHEREAS, in 2002 the voters of Florida approved a

24  further amendment to Section 1, Article IX of the State

25  Constitution to assure that students obtain a high-quality

26  education, and

27         WHEREAS, the voters defined a high-quality education

28  as, by 2010 a prekindergarten through grade 3 core-curricula

29  class size of no more than 18 students assigned to a teacher,

30  a grade 4 through grade 8 core-curricula class size of no more

31  than 22 students assigned to a teacher, and a grade 9 through


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 1  grade 12 core-curricula class size of no more than 25 students

 2  assigned to a teacher, and

 3         WHEREAS, the Legislature finds that a high-quality

 4  education cannot be achieved solely by small class sizes but

 5  also requires well-educated, well-trained, well-compensated,

 6  and effective classroom teachers and school administrators who

 7  maintain orderly, disciplined classrooms conducive to student

 8  learning, and

 9         WHEREAS, Section 1, Article IX of the State

10  Constitution requires that such reduced class sizes be

11  accomplished through a system that is both efficient and

12  uniform, and

13         WHEREAS, the constitutional principle of efficiency

14  includes the school districts' use of their facilities,

15  teachers, and other resources in the most efficient manner,

16  and

17         WHEREAS, the Florida Supreme Court in considering the

18  provisions of Amendment 9 to Section 1, Article IX of the

19  State Constitution, found that "rather than restricting the

20  Legislature, the proposed amendment gives the Legislature

21  latitude in designing ways to reach the class size goal

22  articulated in the ballot initiative, and places the

23  obligation to ensure compliance on the Legislature," and

24         WHEREAS, the Legislature has chosen to focus on student

25  achievement, provide clarity of goals, safeguard the efficient

26  use of public funds, allow flexibility to reach those goals,

27  recognize issues relating to efficiency and equity of

28  implementation, and require accountability to meet the

29  standards set forth in the State Constitution, NOW, THEREFORE,

30  

31  Be It Enacted by the Legislature of the State of Florida:


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 1         Section 1.  Subsections (14) and (15) are added to

 2  section 1003.01, Florida Statutes, to read:

 3         1003.01  Definitions.--As used in this chapter, the

 4  term:

 5         (14)  "Core-curricula courses" means courses defined by

 6  the Department of Education as mathematics, language

 7  arts/reading, science, social studies, foreign language,

 8  English for Speakers of Other Languages, exceptional student

 9  education, and courses taught in traditional self-contained

10  elementary school classrooms. The term is limited in meaning

11  and used for the sole purpose of designating classes that are

12  subject to the maximum class size requirements established in

13  s. 1, Art. IX of the State Constitution.

14         (15)  "Extracurricular courses" means all courses that

15  are not defined as "core-curricula courses," which may

16  include, but are not limited to, physical education, fine

17  arts, performing fine arts, vocational education, and career

18  and technical education. The term is limited in meaning and

19  used for the sole purpose of designating classes that are not

20  subject to the maximum class size requirements established in

21  s. 1, Art. IX of the State Constitution.

22         Section 2.  Section 1003.03, Florida Statutes, is

23  amended to read:

24         (Substantial rewording of section. See

25         s. 1003.03, F.S., for present text.)

26         1003.03  Maximum class size.--

27         (1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.--Pursuant to

28  s. 1, Art. IX of the State Constitution, beginning in the

29  2010-2011 school year:

30         (a)  The maximum number of students assigned to each

31  teacher who is teaching core-curricula courses in public


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 1  school classrooms for prekindergarten through grade 3 may not

 2  exceed 18 students.

 3         (b)  The maximum number of students assigned to each

 4  teacher who is teaching core-curricula courses in public

 5  school classrooms for grades 4 through 8 may not exceed 22

 6  students.

 7         (c)  The maximum number of students assigned to each

 8  teacher who is teaching core-curricula courses in public

 9  school classrooms for grades 9 through 12 may not exceed 25

10  students.

11         (2)  IMPLEMENTATION.--

12         (a)  Beginning with the 2003-2004 fiscal year, each

13  school district that is not in compliance with the maximums in

14  subsection (1) shall reduce the average number of students per

15  classroom in each of the following grade groupings:

16  prekindergarten through grade 3, grade 4 through grade 8, and

17  grade 9 through grade 12, by at least two students each year.

18         (b)  Determination of the number of students per

19  classroom in paragraph (a) shall be calculated as follows:

20         1.  For fiscal years 2003-2004 through 2005-2006, the

21  calculation for compliance for each of the 3 grade groupings

22  shall be the average at the district level.

23         2.  For fiscal years 2006-2007 through 2007-2008, the

24  calculation for compliance for each of the 3 grade groupings

25  shall be the average at the school level.

26         3.  For fiscal years 2008-2009, 2009-2010, and

27  thereafter, the calculation for compliance shall be at the

28  individual classroom level.

29         (c)  The Department of Education shall annually

30  calculate each of the three average class size measures

31  defined in paragraphs (a) and (b) based upon the October


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 1  student membership survey. For purposes of determining the

 2  baseline from which each district's average class size must be

 3  reduced for the 2003-2004 school year, the department shall

 4  use data from the February 2003 student membership survey

 5  updated to include classroom identification numbers as

 6  required by the department.

 7         (d)  Prior to the adoption of the district school

 8  budget for 2004-2005, each district school board shall hold

 9  public hearings to review school attendance zones in order to

10  ensure maximum use of facilities while minimizing the

11  additional use of transportation in order to comply with the

12  two-student-per-year reduction required in paragraph (a).

13  School districts that meet the constitutional class size

14  maximums described in subsection (1) are exempt from this

15  requirement.

16         (3)  IMPLEMENTATION OPTIONS.--District school boards

17  must consider, but are not limited to, implementing the

18  following items in order to meet the constitutional class size

19  maximums described in subsection (1) and the

20  two-student-per-year reduction required in subsection (2):

21         (a)  Adopt policies to encourage qualified students to

22  take dual enrollment courses.

23         (b)  Adopt policies to encourage students to take

24  courses from the Florida Virtual School.

25         (c)1.  Repeal district school board policies that

26  require students to have more than 24 credits to graduate from

27  high school.

28         2.  Adopt policies to allow students to graduate from

29  high school as soon as they pass the grade 10 FCAT and

30  complete the courses required for high school graduation.

31  


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 1         (d)  Use methods to maximize use of instructional

 2  staff, such as changing required teaching loads and scheduling

 3  of planning periods, deploying district employees that have

 4  professional certification to the classroom, using adjunct

 5  educators, or any other method not prohibited by law.

 6         (e)  Use innovative methods to reduce the cost of

 7  school construction by using prototype school designs, using

 8  SMART Schools designs, participating in the School

 9  Infrastructure Thrift Program, or any other method not

10  prohibited by law.

11         (f)  Use joint-use facilities through partnerships with

12  community colleges, state universities, and private colleges

13  and universities. Joint-use facilities available for use as

14  K-12 classrooms that do not meet the K-12 State Regulations

15  for Educational Facilities in the Florida Building Code may be

16  used at the discretion of the district school board provided

17  that such facilities meet all other health, life, safety, and

18  fire codes.

19         (g)  Adopt alternative methods of class scheduling,

20  such as block scheduling.

21         (h)  Redraw school attendance zones to maximize use of

22  facilities while minimizing the additional use of

23  transportation.

24         (i)  Operate schools beyond the normal operating hours

25  to provide classes in the evening or operate more than one

26  session of school during the day.

27         (j)  Use year-round schools and other nontraditional

28  calendars that do not adversely impact annual assessment of

29  student achievement.

30  

31  


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 1         (k)  Review and consider amending any collective

 2  bargaining contracts that hinder the implementation of class

 3  size reduction.

 4         (l)  Use any other approach not prohibited by law.

 5         (4)  ACCOUNTABILITY.--

 6         (a)  Beginning in the 2003-2004 fiscal year, if the

 7  department determines for any year that a school district has

 8  not reduced average class size as required in subsection (2)

 9  at the time of the third FEFP calculation, the department

10  shall calculate an amount from the class size reduction

11  operating categorical which is proportionate to the amount of

12  class size reduction not accomplished. Upon verification of

13  the department's calculation by the Florida Education Finance

14  Program Appropriation Allocation Conference, the Executive

15  Office of the Governor shall transfer undistributed funds

16  equivalent to the calculated amount from the district's class

17  size reduction operating categorical to an approved fixed

18  capital outlay appropriation for class size reduction in the

19  affected district pursuant to s. 216.292(13). The amount of

20  funds transferred shall be the lesser of the amount verified

21  by the Florida Education Finance Program Appropriation

22  Allocation Conference or the undistributed balance of the

23  district's class size reduction operating categorical.

24  However, based upon a recommendation by the Commissioner of

25  Education that the State Board of Education has reviewed

26  evidence indicating that a district has been unable to meet

27  class size reduction requirements despite appropriate effort

28  to do so, the Legislative Budget Commission may approve an

29  alternative amount of funds to be transferred from the

30  district's class size reduction operating categorical to its

31  


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 1  approved fixed capital outlay account for class size

 2  reduction.

 3         (b)  Beginning in the 2005-2006 school year, the

 4  department shall determine by January 15 of each year which

 5  districts have not met the two-student-per-year reduction

 6  required in subsection (2) based upon a comparison of the

 7  district's October student membership survey for the current

 8  school year and the February 2003 baseline student membership

 9  survey. The department shall report such districts to the

10  Legislature. Each district that has not met the

11  two-student-per-year reduction shall be required to implement

12  one of the following policies in the subsequent school year

13  unless the department finds that the district comes into

14  compliance based upon the February student membership survey:

15         1.  Year-round schools;

16         2.  Double sessions;

17         3.  Rezoning; or

18         4.  Maximizing use of instructional staff by changing

19  required teacher loads and scheduling of planning periods,

20  deploying school district employees who have professional

21  certification to the classroom, using adjunct educators,

22  operating schools beyond the normal operating hours to provide

23  classes in the evening, or operating more than one session

24  during the day.

25  

26  A school district that is required to implement one of the

27  policies outlined in subparagraphs 1. through 4. shall correct

28  in the year of implementation any past deficiencies and bring

29  the district into compliance with the two-student-per-year

30  reduction goals established for the district by the department

31  pursuant to subsection (2). A school district may choose to


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 1  implement more than one of these policies. The district school

 2  superintendent shall report to the Commissioner of Education

 3  the extent to which the district implemented any of the

 4  policies outlined in subparagraphs 1. through 4. in a format

 5  to be specified by the Commissioner of Education. The

 6  Department of Education shall use the enforcement authority

 7  provided in s. 1008.32 to ensure that districts comply with

 8  the provisions of this paragraph.

 9         (c)  Beginning in the 2006-2007 school year, the

10  department shall annually determine which districts do not

11  meet the requirements described in subsection (2). In addition

12  to enforcement authority provided in s. 1008.32, the

13  Department of Education shall develop a constitutional

14  compliance plan for each such district which includes, but is

15  not limited to, redrawing school attendance zones to maximize

16  use of facilities while minimizing the additional use of

17  transportation unless the department finds that the district

18  comes into compliance based upon the February student

19  membership survey and the other accountability policies listed

20  in paragraph (b). Each district school board shall implement

21  the constitutional compliance plan developed by the state

22  board until the district complies with the constitutional

23  class size maximums.

24         Section 3.  Section 1011.685, Florida Statutes, is

25  created to read:

26         1011.685  Class size reduction; operating categorical

27  fund.--

28         (1)  There is created an operating categorical fund for

29  implementing the class size reduction provisions of s. 1, Art.

30  IX of the State Constitution. These funds shall be allocated

31  


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 1  to each school district in the amount prescribed by the

 2  Legislature in the General Appropriations Act.

 3         (2)  Class size reduction operating categorical funds

 4  shall be used by school districts for the following:

 5         (a)  To reduce class size in any lawful manner, if the

 6  district has not met the constitutional maximums identified in

 7  s. 1003.03(1) or the reduction of two students per year

 8  required by s. 1003.03(2).

 9         (b)  For any lawful operating expenditure, if the

10  district has met the constitutional maximums identified in s.

11  1003.03(1) or the reduction of two students per year required

12  by s. 1003.03(2); however, priority shall be given to increase

13  salaries of classroom teachers as defined in s. 1012.01(2)(a)

14  and to implement the salary career ladder defined in s.

15  1012.231.

16         Section 4.  Section 1013.735, Florida Statutes, is

17  created to read:

18         1013.735  Classrooms for Kids Program.--

19         (1)  ALLOCATION.--The department shall allocate funds

20  appropriated for the Classrooms for Kids Program. It is the

21  intent of the Legislature that this program be administered as

22  nearly as practicable in the same manner as the capital outlay

23  program authorized under s. 9(a), Art. XII of the State

24  Constitution. Each district school board's share of the annual

25  appropriation for the Classrooms for Kids Program must be

26  calculated according to the following formula:

27         (a)  Twenty-five percent of the appropriation shall be

28  prorated to the districts based on each district's percentage

29  of base capital outlay full-time equivalent membership, and 65

30  percent shall be based on each district's percentage of growth

31  capital outlay full-time equivalent membership as specified


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 1  for the allocation of funds from the Public Education Capital

 2  Outlay and Debt Service Trust Fund by s. 1013.64(3).

 3         (b)  Ten percent of the appropriation must be allocated

 4  among district school boards according to the allocation

 5  formula in s. 1013.64(1)(a).

 6         (2)  DISTRICT PARTICIPATION.--In order to participate

 7  in the Classrooms for Kids Program, a district school board

 8  shall:

 9         (a)  Enter into an interlocal agreement pursuant to s.

10  1013.33.

11         (b)  Certify that the district's inventory of

12  facilities listed in the Florida Inventory of School Houses is

13  accurate and up-to-date pursuant to s. 1013.31.

14         (3)  USE OF FUNDS.--In order to increase capacity to

15  reduce class size, a district school board shall expend the

16  funds received pursuant to this section only to:

17         (a)  Construct, renovate, remodel, or repair

18  educational facilities that are in excess of projects

19  identified in the district's 5-year work program adopted prior

20  to March 15, 2003; or

21         (b)  Purchase or lease-purchase relocatable facilities

22  that are in excess of relocatables identified in the

23  district's 5-year work program adopted prior to March 15,

24  2003.

25         Section 5.  Effective upon this act becoming a law,

26  section 1013.736, Florida Statutes, is created to read:

27         1013.736  District Effort Recognition Program.--

28         (1)  RECOGNITION FUNDS.--From funds appropriated by the

29  Legislature, district effort recognition capital outlay grants

30  shall be made to eligible school districts in accordance with

31  the provisions of this section and the General Appropriations


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 1  Act. The funds appropriated in this section are not subject to

 2  the provisions of s. 216.301.

 3         (2)  ELIGIBILITY.--Annually, the Department of

 4  Education shall determine each district's compliance with the

 5  provisions of s. 1003.03 and determine the district's

 6  eligibility to receive a district effort recognition grant for

 7  local school facilities projects pursuant to this section.

 8  Districts shall be eligible for a district effort recognition

 9  grant based upon participation in any of the following:

10         (a)  The district levies a half-cent school capital

11  outlay surtax authorized in s. 212.055(6).

12         (b)  The district participates in the levy of the local

13  government infrastructure sales surtax authorized in s.

14  212.055(2).

15         (c)  The district levies voted millage for capital

16  outlay purposes as authorized in s. 9, Art. VII of the State

17  Constitution.

18         (3)  DISTRICT EFFORT RECOGNITION PROGRAM.--The

19  department shall annually calculate a district effort amount

20  for each district by September 1 after each fiscal year. The

21  total amount of revenue for the prior year from each revenue

22  levied as described in subsection (2) shall be divided by the

23  number of months for which revenue was received and multiplied

24  by the number of authorized months remaining in each voter

25  referendum. The amount so determined for each revenue levied

26  shall be totaled. The Department of Revenue shall report the

27  amount of voter-approved revenue described in paragraphs

28  (2)(a) and (b). The district shall report the amount of

29  revenue described in paragraph (2)(b) identified for district

30  fixed capital outlay in the prior fiscal year. To determine

31  the amount of revenue levied pursuant to paragraph (2)(c), the


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 1  district shall annually report to the Department of Education

 2  the outstanding debt service by bond series and date of

 3  maturity. The total of annual debt service to maturity

 4  remaining as of July 1 of each year shall be added to the

 5  other revenues levied pursuant to paragraphs (2)(a) and (b) in

 6  determining the total district effort amount. Only the amount

 7  of voter-approved revenue described in paragraph (2)(b) which

 8  has been identified for district fixed capital outlay from the

 9  prior fiscal year shall be used in the calculation.

10         (4)  ALLOCATION AND DISTRIBUTION OF FUNDS.--The

11  department shall allocate the annual amount of funds provided

12  among all eligible districts based upon the district's

13  proportion of the funds as determined in subsection (3). Funds

14  shall be distributed once a district has encumbered the funds.

15         (5)  USE OF FUNDS.--School districts that do not meet

16  the constitutional class size maximums described in s.

17  1003.03(1) must use the funds for capital outlay to reduce

18  class size. School districts that meet the constitutional

19  class size maximum may use the funds for any lawful capital

20  outlay purpose.

21         Section 6.  Section 1013.737, Florida Statutes, is

22  created to read:

23         1013.737  The Class Size Reduction Lottery Revenue Bond

24  Program.--There is established the Class Size Reduction

25  Lottery Revenue Bond Program.

26         (1)  The issuance of revenue bonds is authorized to

27  finance or refinance the construction, acquisition,

28  reconstruction, or renovation of educational facilities. Such

29  bonds shall be issued pursuant to and in compliance with the

30  provisions of s. 11(d), Art. VII of the State Constitution,

31  


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 1  the provisions of the State Bond Act, ss. 215.57-215.83, as

 2  amended, and the provisions of this section.

 3         (2)  The bonds are payable from, and secured by a first

 4  lien on, the first lottery revenues transferred to the

 5  Educational Enhancement Trust Fund each fiscal year, as

 6  provided by s. 24.121(2), and do not constitute a general

 7  obligation of, or a pledge of the full faith and credit of,

 8  the state.

 9         (3)  The state hereby covenants with the holders of

10  such revenue bonds that it will not take any action that will

11  materially and adversely affect the rights of such holders so

12  long as bonds authorized by this section are outstanding. The

13  state does hereby additionally authorize the establishment of

14  a covenant in connection with the bonds which provides that

15  any additional funds received by the state from new or

16  enhanced lottery programs, video gaming, or other similar

17  activities will first be available for payments relating to

18  bonds pledging revenues available pursuant to s. 24.121(2),

19  prior to use for any other purpose.

20         (4)  The bonds shall be issued by the Division of Bond

21  Finance of the State Board of Administration on behalf of the

22  Department of Education in such amount as shall be requested

23  by resolution of the State Board of Education. However, the

24  total principal amount of bonds, excluding refunding bonds,

25  issued pursuant to this section shall not exceed amounts

26  specifically authorized in the General Appropriations Act.

27         (5)  Proceeds available from the sale of the bonds

28  shall be deposited in the Lottery Capital Outlay and Debt

29  Service Trust Fund within the Department of Education.

30         (6)  The facilities to be financed with the proceeds of

31  such bonds are designated as state fixed capital outlay


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 1  projects for purposes of s. 11(d), Art. VII of the State

 2  Constitution, and the specific facilities to be financed shall

 3  be determined in accordance with state law and appropriations

 4  from the Educational Enhancement Trust Fund. Projects shall be

 5  funded from the Lottery Capital Outlay and Debt Service Trust

 6  Fund. Each educational facility to be financed with the

 7  proceeds of the bonds issued pursuant to this section is

 8  hereby approved as required by s. 11(f), Art. VII of the State

 9  Constitution.

10         (7)  Any complaint for validation of such bonds is

11  required to be filed only in the circuit court of the county

12  where the seat of state government is situated. The notice

13  required to be published by s. 75.06 is required to be

14  published only in the county where the complaint is filed, and

15  the complaint and order of the circuit court need be served

16  only on the state attorney of the circuit in which the action

17  is pending.

18         (8)  The Commissioner of Education shall provide for

19  timely encumbrances of funds for duly authorized projects.

20  Encumbrances may include proceeds to be received under a

21  resolution approved by the State Board of Education

22  authorizing issuance of class size reduction lottery bonds

23  pursuant to s. 11(d), Art. VII of the State Constitution, this

24  section, and other applicable law.

25         Section 7.  Subsection (2) of section 24.121, Florida

26  Statutes, is amended to read:

27         24.121  Allocation of revenues and expenditure of funds

28  for public education.--

29         (2)  Each fiscal year, at least 38 percent of the gross

30  revenue from the sale of on-line lottery tickets, variable

31  percentages of the gross revenue from the sale of instant


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 1  lottery tickets as determined by the department consistent

 2  with subsection (1), and other earned revenue, excluding

 3  application processing fees, shall be deposited in the

 4  Educational Enhancement Trust Fund, which is hereby created in

 5  the State Treasury to be administered by the Department of

 6  Education. The Department of the Lottery shall transfer moneys

 7  to the Educational Enhancement Trust Fund at least once each

 8  quarter. Funds in the Educational Enhancement Trust Fund shall

 9  be used to the benefit of public education in accordance with

10  the provisions of this act. Notwithstanding any other

11  provision of law, a maximum of $180 million of lottery

12  revenues transferred to the Educational Enhancement Trust Fund

13  in fiscal year 1997-1998 and for 30 years thereafter shall be

14  reserved as needed and used to meet the requirements of the

15  documents authorizing the bonds issued by the state pursuant

16  to s. 1013.68, or s. 1013.70, or s. 1013.737 or distributed to

17  school districts for the Classrooms First Program as provided

18  in s. 1013.68. Such lottery revenues are hereby pledged to the

19  payment of debt service on bonds issued by the state pursuant

20  to s. 1013.68, or s. 1013.70, or s. 1013.737. Debt service

21  payable on bonds issued by the state pursuant to s. 1013.68,

22  or s. 1013.70, or s. 1013.737 shall be payable from, and are

23  secured by a first lien on, the first lottery revenues

24  transferred to the Educational Enhancement Trust Fund in each

25  fiscal year. Amounts distributable to school districts that

26  request the issuance of bonds pursuant to s. 1013.68(3) are

27  hereby pledged to such bonds pursuant to s. 11(d), Art. VII of

28  the State Constitution. The amounts distributed through the

29  Classrooms First Program shall equal $145 million in each

30  fiscal year. These funds are intended to provide up to $2.5

31  billion for public school facilities.


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 1         Section 8.  Subsection (13) of section 121.091, Florida

 2  Statutes, is amended to read:

 3         121.091  Benefits payable under the system.--Benefits

 4  may not be paid under this section unless the member has

 5  terminated employment as provided in s. 121.021(39)(a) or

 6  begun participation in the Deferred Retirement Option Program

 7  as provided in subsection (13), and a proper application has

 8  been filed in the manner prescribed by the department. The

 9  department may cancel an application for retirement benefits

10  when the member or beneficiary fails to timely provide the

11  information and documents required by this chapter and the

12  department's rules. The department shall adopt rules

13  establishing procedures for application for retirement

14  benefits and for the cancellation of such application when the

15  required information or documents are not received.

16         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

17  and subject to the provisions of this section, the Deferred

18  Retirement Option Program, hereinafter referred to as the

19  DROP, is a program under which an eligible member of the

20  Florida  Retirement System may elect to participate, deferring

21  receipt of retirement benefits while continuing employment

22  with his or her Florida Retirement System employer. The

23  deferred monthly benefits shall accrue in the System Trust

24  Fund on behalf of the participant, plus interest compounded

25  monthly, for the specified period of the DROP participation,

26  as provided in paragraph (c). Upon termination of employment,

27  the participant shall receive the total DROP benefits and

28  begin to receive the previously determined normal retirement

29  benefits. Participation in the DROP does not guarantee

30  employment for the specified period of DROP. Participation in

31  the DROP by an eligible member beyond the initial 60-month


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 1  period as authorized in this subsection shall be on an annual

 2  contractual basis for all participants.

 3         (a)  Eligibility of member to participate in the

 4  DROP.--All active Florida Retirement System members in a

 5  regularly established position, and all active members of

 6  either the Teachers' Retirement System established in chapter

 7  238 or the State and County Officers' and Employees'

 8  Retirement System established in chapter 122 which systems are

 9  consolidated within the Florida Retirement System under s.

10  121.011, are eligible to elect participation in the DROP

11  provided that:

12         1.  The member is not a renewed member of the Florida

13  Retirement System under s. 121.122, or a member of the State

14  Community College System Optional Retirement Program under s.

15  121.051, the Senior Management Service Optional Annuity

16  Program under s. 121.055, or the optional retirement program

17  for the State University System under s. 121.35.

18         2.  Except as provided in subparagraph 6., election to

19  participate is made within 12 months immediately following the

20  date on which the member first reaches normal retirement date,

21  or, for a member who reaches normal retirement date based on

22  service before he or she reaches age 62, or age 55 for Special

23  Risk Class members, election to participate may be deferred to

24  the 12 months immediately following the date the member

25  attains 57, or age 52 for Special Risk Class members. For a

26  member who first reached normal retirement date or the

27  deferred eligibility date described above prior to the

28  effective date of this section, election to participate shall

29  be made within 12 months after the effective date of this

30  section. A member who fails to make an election within such

31  12-month limitation period shall forfeit all rights to


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 1  participate in the DROP. The member shall advise his or her

 2  employer and the division in writing of the date on which the

 3  DROP shall begin. Such beginning date may be subsequent to the

 4  12-month election period, but must be within the 60-month or,

 5  with respect to members who are instructional personnel

 6  employed by the Florida School for the Deaf and the Blind and

 7  who have received authorization by the Board of Trustees of

 8  the Florida School for the Deaf and the Blind to participate

 9  in the DROP beyond 60 months, or who are instructional

10  personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12

11  and who have received authorization by the district

12  superintendent to participate in the DROP beyond 60 months,

13  the 96-month limitation period as provided in subparagraph

14  (b)1. When establishing eligibility of the member to

15  participate in the DROP for the 60-month or, with respect to

16  members who are instructional personnel employed by the

17  Florida School for the Deaf and the Blind and who have

18  received authorization by the Board of Trustees of the Florida

19  School for the Deaf and the Blind to participate in the DROP

20  beyond 60 months, or who are instructional personnel as

21  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

22  received authorization by the district superintendent to

23  participate in the DROP beyond 60 months, the 96-month maximum

24  participation period, the member may elect to include or

25  exclude any optional service credit purchased by the member

26  from the total service used to establish the normal retirement

27  date. A member with dual normal retirement dates shall be

28  eligible to elect to participate in DROP within 12 months

29  after attaining normal retirement date in either class.

30         3.  The employer of a member electing to participate in

31  the DROP, or employers if dually employed, shall acknowledge


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 1  in writing to the division the date the member's participation

 2  in the DROP begins and the date the member's employment and

 3  DROP participation will terminate.

 4         4.  Simultaneous employment of a participant by

 5  additional Florida Retirement System employers subsequent to

 6  the commencement of participation in the DROP shall be

 7  permissible provided such employers acknowledge in writing a

 8  DROP termination date no later than the participant's existing

 9  termination date or the 60-month limitation period as provided

10  in subparagraph (b)1.

11         5.  A DROP participant may change employers while

12  participating in the DROP, subject to the following:

13         a.  A change of employment must take place without a

14  break in service so that the member receives salary for each

15  month of continuous DROP participation.  If a member receives

16  no salary during a month, DROP participation shall cease

17  unless the employer verifies a continuation of the employment

18  relationship for such participant pursuant to s.

19  121.021(39)(b).

20         b.  Such participant and new employer shall notify the

21  division on forms required by the division as to the identity

22  of the new employer.

23         c.  The new employer shall acknowledge, in writing, the

24  participant's DROP termination date, which may be extended but

25  not beyond the original 60-month or, with respect to members

26  who are instructional personnel employed by the Florida School

27  for the Deaf and the Blind and who have received authorization

28  by the Board of Trustees of the Florida School for the Deaf

29  and the Blind to participate in the DROP beyond 60 months, or

30  who are instructional personnel as defined in s.

31  1012.01(2)(a)-(d) in grades K-12 and who have received


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 1  authorization by the district superintendent to participate in

 2  the DROP beyond 60 months, the 96-month period provided in

 3  subparagraph (b)1., shall acknowledge liability for any

 4  additional retirement contributions and interest required if

 5  the participant fails to timely terminate employment, and

 6  shall be subject to the adjustment required in

 7  sub-subparagraph (c)5.d.

 8         6.  Effective July 1, 2001, for instructional personnel

 9  as defined in s. 1012.01(2), election to participate in the

10  DROP shall be made at any time following the date on which the

11  member first reaches normal retirement date. The member shall

12  advise his or her employer and the division in writing of the

13  date on which the Deferred Retirement Option Program shall

14  begin. When establishing eligibility of the member to

15  participate in the DROP for the 60-month or, with respect to

16  members who are instructional personnel employed by the

17  Florida School for the Deaf and the Blind and who have

18  received authorization by the Board of Trustees of the Florida

19  School for the Deaf and the Blind to participate in the DROP

20  beyond 60 months, or who are instructional personnel as

21  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

22  received authorization by the district superintendent to

23  participate in the DROP beyond 60 months, the 96-month maximum

24  participation period, as provided in subparagraph (b)1., the

25  member may elect to include or exclude any optional service

26  credit purchased by the member from the total service used to

27  establish the normal retirement date. A member with dual

28  normal retirement dates shall be eligible to elect to

29  participate in either class.

30         (b)  Participation in the DROP.--

31  


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 1         1.  An eligible member may elect to participate in the

 2  DROP for a period not to exceed a maximum of 60 calendar

 3  months or, with respect to members who are instructional

 4  personnel employed by the Florida School for the Deaf and the

 5  Blind and who have received authorization by the Board of

 6  Trustees of the Florida School for the Deaf and the Blind to

 7  participate in the DROP beyond 60 months, or who are

 8  instructional personnel as defined in s. 1012.01(2)(a)-(d) in

 9  grades K-12 and who have received authorization by the

10  district superintendent to participate in the DROP beyond 60

11  months, 96 months immediately following the date on which the

12  member first reaches his or her normal retirement date or the

13  date to which he or she is eligible to defer his or her

14  election to participate as provided in subparagraph (a)2.

15  However, a member who has reached normal retirement date prior

16  to the effective date of the DROP shall be eligible to

17  participate in the DROP for a period of time not to exceed 60

18  calendar months or, with respect to members who are

19  instructional personnel employed by the Florida School for the

20  Deaf and the Blind and who have received authorization by the

21  Board of Trustees of the Florida School for the Deaf and the

22  Blind to participate in the DROP beyond 60 months, or who are

23  instructional personnel as defined in s. 1012.01(2)(a)-(d) in

24  grades K-12 and who have received authorization by the

25  district superintendent to participate in the DROP beyond 60

26  months, 96 months immediately following the effective date of

27  the DROP, except a member of the Special Risk Class who has

28  reached normal retirement date prior to the effective date of

29  the DROP and whose total accrued value exceeds 75 percent of

30  average final compensation as of his or her effective date of

31  retirement shall be eligible to participate in the DROP for no


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 1  more than 36 calendar months immediately following the

 2  effective date of the DROP.

 3         2.  Upon deciding to participate in the DROP, the

 4  member shall submit, on forms required by the division:

 5         a.  A written election to participate in the DROP;

 6         b.  Selection of the DROP participation and termination

 7  dates, which satisfy the limitations stated in paragraph (a)

 8  and subparagraph 1. Such termination date shall be in a

 9  binding letter of resignation with the employer, establishing

10  a deferred termination date. The member may change the

11  termination date within the limitations of subparagraph 1.,

12  but only with the written approval of his or her employer;

13         c.  A properly completed DROP application for service

14  retirement as provided in this section; and

15         d.  Any other information required by the division.

16         3.  The DROP participant shall be a retiree under the

17  Florida Retirement System for all purposes, except for

18  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

19  121.053, and 121.122. However, participation in the DROP does

20  not alter the participant's employment status and such

21  employee shall not be deemed retired from employment until his

22  or her deferred resignation is effective and termination

23  occurs as provided in s. 121.021(39).

24         4.  Elected officers shall be eligible to participate

25  in the DROP subject to the following:

26         a.  An elected officer who reaches normal retirement

27  date during a term of office may defer the election to

28  participate in the DROP until the next succeeding term in that

29  office. Such elected officer who exercises this option may

30  participate in the DROP for up to 60 calendar months or a

31  


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 1  period of no longer than such succeeding term of office,

 2  whichever is less.

 3         b.  An elected or a nonelected participant may run for

 4  a term of office while participating in DROP and, if elected,

 5  extend the DROP termination date accordingly, except, however,

 6  if such additional term of office exceeds the 60-month

 7  limitation established in subparagraph 1., and the officer

 8  does not resign from office within such 60-month limitation,

 9  the retirement and the participant's DROP shall be null and

10  void as provided in sub-subparagraph (c)5.d.

11         c.  An elected officer who is dually employed and

12  elects to participate in DROP shall be required to satisfy the

13  definition of termination within the 60-month or, with respect

14  to members who are instructional personnel employed by the

15  Florida School for the Deaf and the Blind and who have

16  received authorization by the Board of Trustees of the Florida

17  School for the Deaf and the Blind to participate in the DROP

18  beyond 60 months, or who are instructional personnel as

19  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

20  received authorization by the district superintendent to

21  participate in the DROP beyond 60 months, the 96-month

22  limitation period as provided in subparagraph 1. for the

23  nonelected position and may continue employment as an elected

24  officer as provided in s. 121.053. The elected officer will be

25  enrolled as a renewed member in the Elected Officers' Class or

26  the Regular Class, as provided in ss. 121.053 and 121.22, on

27  the first day of the month after termination of employment in

28  the nonelected position and termination of DROP. Distribution

29  of the DROP benefits shall be made as provided in paragraph

30  (c).

31         (c)  Benefits payable under the DROP.--


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 1         1.  Effective with the date of DROP participation, the

 2  member's initial normal monthly benefit, including creditable

 3  service, optional form of payment, and average final

 4  compensation, and the effective date of retirement shall be

 5  fixed. The beneficiary established under the Florida

 6  Retirement System shall be the beneficiary eligible to receive

 7  any DROP benefits payable if the DROP participant dies prior

 8  to the completion of the period of DROP participation. In the

 9  event a joint annuitant predeceases the member, the member may

10  name a beneficiary to receive accumulated DROP benefits

11  payable. Such retirement benefit, the annual cost of living

12  adjustments provided in s. 121.101, and interest shall accrue

13  monthly in the System Trust Fund.  Such interest shall accrue

14  at an effective annual rate of 6.5 percent compounded monthly,

15  on the prior month's accumulated ending balance, up to the

16  month of termination or death.

17         2.  Each employee who elects to participate in the DROP

18  shall be allowed to elect to receive a lump-sum payment for

19  accrued annual leave earned in accordance with agency policy

20  upon beginning participation in the DROP. Such accumulated

21  leave payment certified to the division upon commencement of

22  DROP shall be included in the calculation of the member's

23  average final compensation.  The employee electing such

24  lump-sum payment upon beginning participation in DROP will not

25  be eligible to receive a second lump-sum payment upon

26  termination, except to the extent the employee has earned

27  additional annual leave which combined with the original

28  payment does not exceed the maximum lump-sum payment allowed

29  by the employing agency's policy or rules.  Such early

30  lump-sum payment shall be based on the hourly wage of the

31  employee at the time he or she begins participation in the


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 1  DROP.  If the member elects to wait and receive such lump-sum

 2  payment upon termination of DROP and termination of employment

 3  with the employer, any accumulated leave payment made at that

 4  time cannot be included in the member's retirement benefit,

 5  which was determined and fixed by law when the employee

 6  elected to participate in the DROP.

 7         3.  The effective date of DROP participation and the

 8  effective date of retirement of a DROP participant shall be

 9  the first day of the month selected by the member to begin

10  participation in the DROP, provided such date is properly

11  established, with the written confirmation of the employer,

12  and the approval of the division, on forms required by the

13  division.

14         4.  Normal retirement benefits and interest thereon

15  shall continue to accrue in the DROP until the established

16  termination date of the DROP, or until the participant

17  terminates employment or dies prior to such date. Although

18  individual DROP accounts shall not be established, a separate

19  accounting of each participant's accrued benefits under the

20  DROP shall be calculated and provided to participants.

21         5.  At the conclusion of the participant's DROP, the

22  division shall distribute the participant's total accumulated

23  DROP benefits, subject to the following provisions:

24         a.  The division shall receive verification by the

25  participant's employer or employers that such participant has

26  terminated employment as provided in s. 121.021(39)(b).

27         b.  The terminated DROP participant or, if deceased,

28  such participant's named beneficiary, shall elect on forms

29  provided by the division to receive payment of the DROP

30  benefits in accordance with one of the options listed below.

31  For a participant or beneficiary who fails to elect a method


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 1  of payment within 60 days of termination of the DROP, the

 2  division will pay a lump sum as provided in

 3  sub-sub-subparagraph (I).

 4         (I)  Lump sum.--All accrued DROP benefits, plus

 5  interest, less withholding taxes remitted to the Internal

 6  Revenue Service, shall be paid to the DROP participant or

 7  surviving beneficiary.

 8         (II)  Direct rollover.--All accrued DROP benefits, plus

 9  interest, shall be paid from the DROP directly to the

10  custodian of an eligible retirement plan as defined in s.

11  402(c)(8)(B) of the Internal Revenue Code. However, in the

12  case of an eligible rollover distribution to the surviving

13  spouse of a deceased participant, an eligible retirement plan

14  is an individual retirement account or an individual

15  retirement annuity as described in s. 402(c)(9) of the

16  Internal Revenue Code.

17         (III)  Partial lump sum.--A portion of the accrued DROP

18  benefits shall be paid to the DROP participant or surviving

19  spouse, less withholding taxes remitted to the Internal

20  Revenue Service, and the remaining DROP benefits shall be

21  transferred directly to the custodian of an eligible

22  retirement plan as defined in s. 402(c)(8)(B) of the Internal

23  Revenue Code. However, in the case of an eligible rollover

24  distribution to the surviving spouse of a deceased

25  participant, an eligible retirement plan is an individual

26  retirement account or an individual retirement annuity as

27  described in s. 402(c)(9) of the Internal Revenue Code. The

28  proportions shall be specified by the DROP participant or

29  surviving beneficiary.

30  

31  


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 1         c.  The form of payment selected by the DROP

 2  participant or surviving beneficiary complies with the minimum

 3  distribution requirements of the Internal Revenue Code.

 4         d.  A DROP participant who fails to terminate

 5  employment as defined in s. 121.021(39)(b) shall be deemed not

 6  to be retired, and the DROP election shall be null and void.

 7  Florida Retirement System membership shall be reestablished

 8  retroactively to the date of the commencement of the DROP, and

 9  each employer with whom the participant continues employment

10  shall be required to pay to the System Trust Fund the

11  difference between the DROP contributions paid in paragraph

12  (i) and the contributions required for the applicable Florida

13  Retirement System class of membership during the period the

14  member participated in the DROP, plus 6.5 percent interest

15  compounded annually.

16         6.  The accrued benefits of any DROP participant, and

17  any contributions accumulated under such program, shall not be

18  subject to assignment, execution, attachment, or to any legal

19  process whatsoever, except for qualified domestic relations

20  orders by a court of competent jurisdiction, income deduction

21  orders as provided in s. 61.1301, and federal income tax

22  levies.

23         7.  DROP participants shall not be eligible for

24  disability retirement benefits as provided in subsection (4).

25         (d)  Death benefits under the DROP.--

26         1.  Upon the death of a DROP participant, the named

27  beneficiary shall be entitled to apply for and receive the

28  accrued benefits in the DROP as provided in sub-subparagraph

29  (c)5.b.

30  

31  


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 1         2.  The normal retirement benefit accrued to the DROP

 2  during the month of a participant's death shall be the final

 3  monthly benefit credited for such DROP participant.

 4         3.  Eligibility to participate in the DROP terminates

 5  upon death of the participant.  If the participant dies on or

 6  after the effective date of enrollment in the DROP, but prior

 7  to the first monthly benefit being credited to the DROP,

 8  Florida Retirement System benefits shall be paid in accordance

 9  with subparagraph (7)(c)1. or subparagraph 2.

10         4.  A DROP participants' survivors shall not be

11  eligible to receive Florida Retirement System death benefits

12  as provided in paragraph (7)(d).

13         (e)  Cost-of-living adjustment.--On each July 1, the

14  participants' normal retirement benefit shall be increased as

15  provided in s. 121.101.

16         (f)  Retiree health insurance subsidy.--DROP

17  participants are not eligible to apply for the retiree health

18  insurance subsidy payments as provided in s. 112.363 until

19  such participants have terminated employment and participation

20  in the DROP.

21         (g)  Renewed membership.--DROP participants shall not

22  be eligible for renewed membership in the Florida Retirement

23  System under ss. 121.053 and 121.122 until termination of

24  employment is effectuated as provided in s. 121.021(39)(b).

25         (h)  Employment limitation after DROP

26  participation.--Upon satisfying the definition of termination

27  of employment as provided in s. 121.021(39)(b), DROP

28  participants shall be subject to such reemployment limitations

29  as other retirees. Reemployment restrictions applicable to

30  retirees as provided in subsection (9) shall not apply to DROP

31  


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 1  participants until their employment and participation in the

 2  DROP are terminated.

 3         (i)  Contributions.--

 4         1.  All employers paying the salary of a DROP

 5  participant filling a regularly established position shall

 6  contribute 8.0 percent of such participant's gross

 7  compensation for the period of July 1, 2002, through June 30,

 8  2003, and 11.56 percent of such compensation thereafter, which

 9  shall constitute the entire employer DROP contribution with

10  respect to such participant.  Such contributions, payable to

11  the System Trust Fund in the same manner as required in s.

12  121.071, shall be made as appropriate for each pay period and

13  are in addition to contributions required for social security

14  and the Retiree Health Insurance Subsidy Trust Fund. Such

15  employer, social security, and health insurance subsidy

16  contributions are not included in the DROP.

17         2.  The employer shall, in addition to subparagraph 1.,

18  also withhold one-half of the entire social security

19  contribution required for the participant.  Contributions for

20  social security by each participant and each employer, in the

21  amount required for social security coverage as now or

22  hereafter provided by the federal Social Security Act, shall

23  be in addition to contributions specified in subparagraph 1.

24         3.  All employers paying the salary of a DROP

25  participant filling a regularly established position shall

26  contribute the percent of such participant's gross

27  compensation required in s. 121.071(4), which shall constitute

28  the employer's health insurance subsidy contribution with

29  respect to such participant. Such contributions shall be

30  deposited by the administrator in the Retiree Health Insurance

31  Subsidy Trust Fund.


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 1         (j)  Forfeiture of retirement benefits.--Nothing in

 2  this section shall be construed to remove DROP participants

 3  from the scope of s. 8(d), Art. II of the State Constitution,

 4  s. 112.3173, and paragraph (5)(f). DROP participants who

 5  commit a specified felony offense while employed will be

 6  subject to forfeiture of all retirement benefits, including

 7  DROP benefits, pursuant to those provisions of law.

 8         (k)  Administration of program.--The division shall

 9  make such rules as are necessary for the effective and

10  efficient administration of this subsection. The division

11  shall not be required to advise members of the federal tax

12  consequences of an election related to the DROP but may advise

13  members to seek independent advice.

14         Section 9.  Paragraph (b) of subsection (3) and

15  paragraphs (a) and (d) of present subsection (6) of section

16  220.187, Florida Statutes, are amended, present subsections

17  (5), (6), and (7) of that section are redesignated as

18  subsections (6), (7), and (8), respectively, and a new

19  subsection (5) is added to that section, to read:

20         220.187  Credits for contributions to nonprofit

21  scholarship-funding organizations.--

22         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

23  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--

24         (b)  The total amount of tax credits and carryforward

25  of tax credits credit which may be granted each state fiscal

26  year under this section is $88 $50 million.

27         (5)  PARENT OBLIGATIONS.--As a condition for

28  scholarship payment pursuant to paragraph (4)(g), if the

29  parent chooses for his or her child to attend an eligible

30  nonpublic school, the parent must inform the child's school

31  district within 15 days after such decision.


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 1         (7)(6)  ADMINISTRATION; RULES.--

 2         (a)  If the credit granted pursuant to this section is

 3  not fully used in any one year because of insufficient tax

 4  liability on the part of the corporation, the unused amount

 5  may not be carried forward for a period not to exceed 3 years;

 6  however, any taxpayer that seeks to carry forward an unused

 7  amount of tax credit must submit an application for allocation

 8  of tax credits or carryforward credits as required in

 9  paragraph (d) in the year that the taxpayer intends to use the

10  carryforward. The total amount of tax credits and carryforward

11  of tax credits granted each state fiscal year under this

12  section is $88 million. This carryforward applies to all

13  approved contributions made after January 1, 2002. A taxpayer

14  may not convey, assign, or transfer the credit authorized by

15  this section to another entity unless all of the assets of the

16  taxpayer are conveyed, assigned, or transferred in the same

17  transaction.

18         (d)  The department shall adopt rules necessary to

19  administer this section, including rules establishing

20  application forms and procedures and governing the allocation

21  of tax credits and carryforward credits under this section on

22  a first-come, first-served basis.

23         Section 10.  Paragraph (i) is added to subsection (1)

24  of section 1003.02, Florida Statutes, and subsection (4) of

25  that section is amended, to read:

26         1003.02  District school board operation and control of

27  public K-12 education within the school district.--As provided

28  in part II of chapter 1001, district school boards are

29  constitutionally and statutorily charged with the operation

30  and control of public K-12 education within their school

31  district. The district school boards must establish, organize,


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 1  and operate their public K-12 schools and educational

 2  programs, employees, and facilities. Their responsibilities

 3  include staff development, public K-12 school student

 4  education including education for exceptional students and

 5  students in juvenile justice programs, special programs, adult

 6  education programs, and career and technical education

 7  programs. Additionally, district school boards must:

 8         (1)  Provide for the proper accounting for all students

 9  of school age, for the attendance and control of students at

10  school, and for proper attention to health, safety, and other

11  matters relating to the welfare of students in the following

12  fields:

13         (i)  Parental notification of acceleration

14  mechanisms.--At the beginning of each school year, notify

15  parents of students in or entering high school of the

16  opportunity and benefits of advanced placement, International

17  Baccalaureate, Advanced International Certificate of

18  Education, dual enrollment, and Florida Virtual School

19  courses.

20         (4)  For any school within the district that is not in

21  compliance with the small school size requirements of chapter

22  1013, In order to reduce the anonymity of students in large

23  schools, adopt policies that encourage subdivision of the

24  school into schools-within-a-school, which shall operate

25  within existing resources. A "school-within-a-school" means an

26  operational program that uses flexible scheduling, team

27  planning, and curricular and instructional innovation to

28  organize groups of students with groups of teachers as smaller

29  units, so as to functionally operate as a smaller school.

30  Examples of this include, but are not limited to:

31  


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 1         (a)  An organizational arrangement assigning both

 2  students and teachers to smaller units in which the students

 3  take some or all of their coursework with their fellow grouped

 4  students and from the teachers assigned to the smaller unit. A

 5  unit may be grouped together for 1 year or on a vertical,

 6  multiyear basis.

 7         (b)  An organizational arrangement similar to that

 8  described in paragraph (a) with additional variations in

 9  instruction and curriculum.  The smaller unit usually seeks to

10  maintain a program different from that of the larger school,

11  or of other smaller units. It may be vertically organized, but

12  is dependent upon the school principal for its existence,

13  budget, and staff.

14         (c)  A separate and autonomous smaller unit formally

15  authorized by the district school board or district school

16  superintendent. The smaller unit plans and runs its own

17  program, has its own staff and students, and receives its own

18  separate budget. The smaller unit must negotiate the use of

19  common space with the larger school and defer to the building

20  principal on matters of safety and building operation.

21         Section 11.  Paragraphs (i) and (j) of subsection (1)

22  of section 1003.43, Florida Statutes, are amended to read:

23         1003.43  General requirements for high school

24  graduation.--

25         (1)  Graduation requires successful completion of

26  either a minimum of 24 academic credits in grades 9 through 12

27  or an International Baccalaureate curriculum. The 24 credits

28  shall be distributed as follows:

29         (i)  One-half credit in life management skills to

30  include consumer education, positive emotional development,

31  marriage and relationship skill-based education, nutrition,


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 1  parenting skills, prevention of human immunodeficiency virus

 2  infection and acquired immune deficiency syndrome and other

 3  sexually transmissible diseases, benefits of sexual abstinence

 4  and consequences of teenage pregnancy, information and

 5  instruction on breast cancer detection and breast

 6  self-examination, cardiopulmonary resuscitation, drug

 7  education, and the hazards of smoking. Such credit shall be

 8  given for a course to be taken by all students in either the

 9  9th or 10th grade.

10         (j)  One credit in physical education to include

11  assessment, improvement, and maintenance of personal fitness.

12  Participation in an interscholastic sport at the junior

13  varsity or varsity level, for two full seasons, shall satisfy

14  the one-credit requirement in physical education if the

15  student passes a competency test on personal fitness with a

16  score of "C" or better. The competency test on personal

17  fitness must be developed by the Department of Education. A

18  district school board may not require that the one credit in

19  physical education be taken during the 9th grade year.

20  Completion of one semester with a grade of "C" or better in a

21  marching band class, or in a physical activity class that

22  requires participation in marching band activities as an

23  extracurricular activity, or in a Reserve Officer Training

24  Corps (R.O.T.C.) class a significant component of which is

25  drills shall satisfy a one-half credit requirement in physical

26  education.  This one-half credit may not be used to satisfy

27  the personal fitness requirement or the requirement for

28  adaptive physical education under an individual educational

29  plan (IEP) or 504 plan.

30  

31  


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 1  District school boards may award a maximum of one-half credit

 2  in social studies and one-half elective credit for student

 3  completion of nonpaid voluntary community or school service

 4  work.  Students choosing this option must complete a minimum

 5  of 75 hours of service in order to earn the one-half credit in

 6  either category of instruction.  Credit may not be earned for

 7  service provided as a result of court action.  District school

 8  boards that approve the award of credit for student volunteer

 9  service shall develop guidelines regarding the award of the

10  credit, and school principals are responsible for approving

11  specific volunteer activities. A course designated in the

12  Course Code Directory as grade 9 through grade 12 that is

13  taken below the 9th grade may be used to satisfy high school

14  graduation requirements or Florida Academic Scholars award

15  requirements as specified in a district school board's student

16  progression plan. A student shall be granted credit toward

17  meeting the requirements of this subsection for equivalent

18  courses, as identified pursuant to s. 1007.271(6), taken

19  through dual enrollment.

20         Section 12.  Section 1003.429, Florida Statutes, is

21  created to read:

22         1003.429  Accelerated high school graduation options.--

23         (1)  Beginning with the 2003-2004 school year, all

24  students scheduled to graduate in 2004 and thereafter may

25  select one of the following three high school graduation

26  options:

27         (a)  Completion of the general requirements for high

28  school graduation pursuant to s. 1003.43;

29         (b)  Completion of a 3-year standard college

30  preparatory program requiring successful completion of a

31  minimum of 18 academic credits in grades 9 through 12.  The 18


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 1  credits shall be primary requirements and shall be distributed

 2  as follows:

 3         1.  Four credits in English, with major concentration

 4  in composition and literature;

 5         2.  Three credits in mathematics at the Algebra I level

 6  or higher from the list of courses that qualify for state

 7  university admission;

 8         3.  Three credits in natural science, two of which must

 9  have a laboratory component;

10         4.  Three credits in social sciences;

11         5.  Two credits in the same second language unless the

12  student is a native speaker of or can otherwise demonstrate

13  competency in a language other than English. If the student

14  demonstrates competency in another language, the student may

15  replace the language requirement with two credits in other

16  academic courses; and

17         6.  Three credits in electives; or

18         (c)  Completion of a 3-year career preparatory program

19  requiring successful completion of a minimum of 18 academic

20  credits in grades 9 through 12. The 18 credits shall be

21  primary requirements and shall be distributed as follows:

22         1.  Four credits in English, with major concentration

23  in composition and literature;

24         2.  Three credits in mathematics, one of which must be

25  Algebra I;

26         3.  Three credits in natural science, two of which must

27  have a laboratory component;

28         4.  Three credits in social sciences;

29         5.  Two credits in the same second language unless the

30  student is a native speaker of or can otherwise demonstrate

31  competency in a language other than English. If the student


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 1  demonstrates competency in another language, the student may

 2  replace the language requirement with two credits in other

 3  academic courses; and

 4         6.  Three credits in electives.

 5         (2)  Beginning with the 2003-2004 school year, each

 6  district school board shall provide each student in grades 6

 7  through 12 and their parents with the 3-year and 4-year high

 8  school graduation options listed in subsection (1) with

 9  curriculum for the students and parents to select the

10  postsecondary education or career plan that best fits their

11  needs. The options shall include a timeframe for achieving

12  each graduation option.

13         (3)  Selection of one of the graduation options listed

14  in subsection (1) is exclusively up to the student and

15  parent.  If the student and parent fail to select a graduation

16  option, the student shall be considered to have selected the

17  general requirements for high school graduation pursuant to

18  paragraph (1)(a).

19         (4)  District school boards shall not establish

20  requirements for accelerated 3-year high school graduation

21  options in excess of the requirements in paragraphs (1)(b) and

22  (1)(c).

23         (5)  Students pursuing accelerated 3-year high school

24  graduation options pursuant to paragraph (1)(b) or paragraph

25  (1)(c) are required to:

26         (a)  Earn passing scores on the FCAT as defined in s.

27  1008.22(3)(c).

28         (b)  Achieve a cumulative grade point average of 2.0 on

29  a 4.0 scale, or its equivalent, in the courses required by the

30  chosen accelerated 3-year high school graduation option

31  pursuant to paragraph (1)(b) or paragraph (1)(c).


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 1         (6)  A student who meets all requirements prescribed in

 2  subsections (1) and (5) shall be awarded a standard diploma in

 3  a form prescribed by the State Board of Education.

 4         Section 13.  Paragraphs (a) and (b) of subsection (1)

 5  and subsection (2) of section 1007.261, Florida Statutes, are

 6  amended to read:

 7         1007.261  State universities; admissions of

 8  students.--Each university board of trustees is authorized to

 9  adopt rules governing the admission of students, subject to

10  this section and rules of the State Board of Education.

11         (1)  Minimum academic standards for undergraduate

12  admission to a university include:

13         (a)  Each student must have received a high school

14  diploma pursuant to s. 1003.429 or s. 1003.43, or its

15  equivalent, except as provided in s. 1007.271(2)-(5) or

16  completed a home education program according to s. 1002.41.

17         (b)  Each student must have successfully completed a

18  college-preparatory curriculum of 18 19 credits, which shall

19  include, but not be limited to, four credits in English, with

20  major concentration in composition and literature; three

21  credits in mathematics; three credits in natural science, two

22  of which must have a laboratory component; three credits in

23  social sciences; and two credits in the same second language

24  as defined in rules of the State Board of Education, including

25  at least 2 credits of sequential foreign language at the

26  secondary level or the equivalent of such instruction at the

27  postsecondary level. A student who completes a home education

28  program according to s. 1002.41 is not required to document

29  completion of the 18 19 credits required by this paragraph. A

30  student whose native language is not English is exempt from

31  the foreign language requirement, provided that the student


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 1  demonstrates proficiency in the native language. If a

 2  standardized test is not available in the student's native

 3  language for the demonstration of proficiency, the university

 4  may provide an alternative method of assessment. The State

 5  Board of Education shall adopt rules for the articulation of

 6  foreign language competency and equivalency between secondary

 7  and postsecondary institutions. A student who received an

 8  associate in arts degree prior to September 1, 1989, or who

 9  enrolled in a program of studies leading to an associate

10  degree from a community college prior to August 1, 1989, and

11  maintains continuous enrollment shall be exempt from this

12  admissions requirement.

13         (2)  The minimum admission standards adopted by the

14  State Board of Education or a university board of trustees

15  must permit a student to earn at least 3 4 of the 18 19

16  credits constituting the college-preparatory curriculum

17  required for admission as electives in any one of the

18  following manners:

19         (a)  Successful completion of any course identified in

20  the Department of Education course code directory as level two

21  or higher in one or more of the following subject areas:

22  English, mathematics, natural science, social science, and

23  foreign language;

24         (b)  Successful completion of any course identified in

25  the Department of Education course code directory as level

26  three in the same or related disciplines;

27         (c)  Any combination of the courses identified in

28  paragraphs (a) and (b); or

29         (d)  Successful completion of two credits from the

30  courses identified in paragraph (a), plus no more than two

31  total credits from the following categories of courses:


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 1         1.  Courses identified in the Department of Education

 2  course code directory as ROTC and military training;

 3         2.  Courses identified in the Department of Education

 4  course code directory as level two in art-visual arts, dance,

 5  drama-theatre arts, language arts, or music; or

 6         3.  Any additional courses determined to be equivalent

 7  by the Department of Education.

 8         Section 14.  Paragraph (a) of subsection (1) of section

 9  1003.436, Florida Statutes, is amended to read:

10         1003.436  Definition of "credit".--

11         (1)(a)  For the purposes of requirements for high

12  school graduation, one full credit means a minimum of 135

13  hours of bona fide instruction in a designated course of study

14  that contains student performance standards. One full credit

15  means a minimum of 120 hours of bona fide instruction in a

16  designated course of study that contains student performance

17  standards for purposes of meeting high school graduation

18  requirements in a district school that has been authorized to

19  implement block scheduling by the district school board. The

20  State Board of Education shall determine the number of

21  postsecondary credit hours earned through dual enrollment

22  pursuant to s. 1007.271 that satisfy the requirements of a

23  district's interinstitutional articulation agreement according

24  to s. 1007.235 and that equal one full credit of the

25  equivalent high school course identified pursuant to s.

26  1007.271(6).

27         Section 15.  Paragraph (b) of subsection (5) of section

28  1011.62, Florida Statutes, is amended to read:

29         1011.62  Funds for operation of schools.--If the annual

30  allocation from the Florida Education Finance Program to each

31  district for operation of schools is not determined in the


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 1  annual appropriations act or the substantive bill implementing

 2  the annual appropriations act, it shall be determined as

 3  follows:

 4         (5)  CATEGORICAL FUNDS.--

 5         (b)  For fiscal year 2002-2003, If a district school

 6  board finds and declares in a resolution adopted at a regular

 7  meeting of the school board that the funds received for any of

 8  the following categorical appropriations are urgently needed

 9  to maintain school board specified academic classroom

10  instruction, the school board may consider and approve an

11  amendment to the school district operating budget transferring

12  the identified amount of the categorical funds to the

13  appropriate account for expenditure:

14         1.  Funds for student transportation.

15         2.  Funds for in-service educational personnel

16  training.

17         3.  Funds for safe schools.

18         4.  Funds for public school technology.

19         5.  Funds for teacher recruitment and retention.

20         5.6.  Funds for supplemental academic instruction.

21         Section 16.  Section 1011.69, Florida Statutes, is

22  amended to read:

23         1011.69  Equity in School-Level Funding Act.--

24         (1)  This section may be cited as the "Equity in

25  School-Level Funding Act."

26         (2)(a)  Beginning in the 2000-2001 fiscal year,

27  district school boards shall allocate to each school within

28  the district at least 50 percent of the funds generated by

29  that school based upon the Florida Education Finance Program

30  as provided in s. 1011.62 and the General Appropriations Act,

31  including gross state and local funds, discretionary lottery


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 1  funds, and funds from the school district's current operating

 2  discretionary millage levy.

 3         (b)  Beginning in the 2001-2002 fiscal year, district

 4  school boards shall allocate to each school within the

 5  district at least 65 percent of the funds generated by that

 6  school based upon the Florida Education Finance Program as

 7  provided in s. 1011.62 and the General Appropriations Act,

 8  including gross state and local funds, discretionary lottery

 9  funds, and funds from the school district's current operating

10  discretionary millage levy.

11         (c)  Beginning in the 2002-2003 fiscal year, district

12  school boards shall allocate to each school within the

13  district at least 80 percent of the funds generated by that

14  school based upon the Florida Education Finance Program as

15  provided in s. 1011.62 and the General Appropriations Act,

16  including gross state and local funds, discretionary lottery

17  funds, and funds from the school district's current operating

18  discretionary millage levy.

19         (d)  Beginning in the 2003-2004 fiscal year, district

20  school boards shall allocate to schools each school within the

21  district an average of at least 90 percent of the funds

22  generated by all schools and guarantee that each school

23  receives at least 80 percent of the funds generated by that

24  school based upon the Florida Education Finance Program as

25  provided in s. 1011.62 and the General Appropriations Act,

26  including gross state and local funds, discretionary lottery

27  funds, and funds from the school district's current operating

28  discretionary millage levy. Total funding for each school

29  shall be recalculated during the year to reflect the revised

30  calculations under the Florida Education Finance Program by

31  the state and the actual weighted full-time equivalent


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 1  students reported by the school during the full-time

 2  equivalent student survey periods designated by the

 3  Commissioner of Education. If the district school board is

 4  providing programs or services to students funded by federal

 5  funds, any eligible students enrolled in the schools in the

 6  district shall be provided federal funds. Only academic

 7  performance-based charter school those districts that

 8  initially applied for charter school district status, pursuant

 9  to s. 1003.62, and have been approved by the State Board of

10  Education are exempt from the provisions of this section.

11         (3)  Funds allocated to a school pursuant to this

12  section that are unused at the end of the fiscal year shall

13  not revert to the district, but shall remain with the school.

14  These carryforward funds may be used for any purpose provided

15  by law at the discretion of the principal of the school.

16         (4)  The following funds are excluded from the

17  school-level allocation under this section:

18         (4)  Recommendations made by the Governor's Equity in

19  Educational Opportunity Task Force shall be reviewed to

20  identify potential categorical funds to be included in the

21  district allocation methodology required in subsection (2).

22         (a)(5)  Funds appropriated in the General

23  Appropriations Act for supplemental academic instruction to be

24  used for the purposes described in s. 1011.62(1)(f); and

25         (b)  Funds appropriated in the General Appropriations

26  Act for the class size reduction operating categorical fund

27  established in s. 1011.685 are excluded from the school-level

28  allocation under this section.

29         Section 17.  Subsection (13) is added to section

30  1013.03, Florida Statutes, to read:

31  


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 1         1013.03  Functions of the department.--The functions of

 2  the Department of Education as it pertains to educational

 3  facilities shall include, but not be limited to, the

 4  following:

 5         (13)  By October 1, 2003, review all rules related to

 6  school construction to identify requirements that are

 7  outdated, obsolete, unnecessary, or otherwise could be amended

 8  in order to provide additional flexibility to school districts

 9  to comply with the constitutional class size maximums

10  described in s. 1003.03(1) and make recommendations concerning

11  such rules to the State Board of Education. The State Board of

12  Education shall act on such recommendations by December 31,

13  2003.

14         Section 18.  Paragraph (d) is added to subsection (1)

15  of section 1013.31, Florida Statutes, to read:

16         1013.31  Educational plant survey; localized need

17  assessment; PECO project funding.--

18         (1)  At least every 5 years, each board shall arrange

19  for an educational plant survey, to aid in formulating plans

20  for housing the educational program and student population,

21  faculty, administrators, staff, and auxiliary and ancillary

22  services of the district or campus, including consideration of

23  the local comprehensive plan. The Office of Workforce and

24  Economic Development shall document the need for additional

25  career and adult education programs and the continuation of

26  existing programs before facility construction or renovation

27  related to career or adult education may be included in the

28  educational plant survey of a school district or community

29  college that delivers career or adult education programs.

30  Information used by the Office of Workforce and Economic

31  Development to establish facility needs must include, but need


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 1  not be limited to, labor market data, needs analysis, and

 2  information submitted by the school district or community

 3  college.

 4         (d)  Periodic update of Florida Inventory of School

 5  Houses.--School districts shall periodically update their

 6  inventory of educational facilities as new capacity becomes

 7  available and as unsatisfactory space is eliminated. The State

 8  Board of Education shall adopt rules to determine the time

 9  frame in which districts must provide a periodic update.

10         Section 19.  Subsections (2) and (3) of section

11  1002.37, Florida Statutes, are amended, present subsections

12  (4), (5), and (6) are redesignated as subsections (5), (6),

13  and (7), respectively, and new subsections (3) and (4) are

14  added to that section to read:

15         1002.37  The Florida Virtual School.--

16         (2)  The Florida Virtual School shall be governed by a

17  board of trustees comprised of seven members appointed by the

18  Governor to 4-year staggered terms.  The board of trustees

19  shall be a public agency entitled to sovereign immunity

20  pursuant to s. 768.28, and board members shall be public

21  officers who shall bear fiduciary responsibility for the

22  Florida Virtual School. The board of trustees shall have the

23  following powers and duties:

24         (a)1.  The board of trustees shall meet at least 4

25  times each year, upon the call of the chair, or at the request

26  of a majority of the membership.

27         2.  The fiscal year for the Florida Virtual School

28  shall be the state fiscal year as provided in s.

29  216.011(1)(o).

30         (b)  The board of trustees shall be responsible for the

31  Florida Virtual School's development of a state-of-the-art


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 1  technology-based education delivery system that is

 2  cost-effective, educationally sound, marketable, and capable

 3  of sustaining a self-sufficient delivery system through the

 4  Florida Education Finance Program, by fiscal year 2003-2004.

 5  The school shall collect and report data for all students

 6  served and credit awarded. This data shall be segregated by

 7  private, public, and home education students by program.

 8  Information shall also be collected that reflects any other

 9  school in which a virtual school student is enrolled.

10         (c)  The board of trustees shall aggressively seek

11  avenues to generate revenue to support its future endeavors,

12  and shall enter into agreements with distance learning

13  providers. The board of trustees may acquire, enjoy, use, and

14  dispose of patents, copyrights, and trademarks and any

15  licenses and other rights or interests thereunder or therein.

16  Ownership of all such patents, copyrights, trademarks,

17  licenses, and rights or interests thereunder or therein shall

18  vest in the state, with the board of trustees having full

19  right of use and full right to retain the revenues derived

20  therefrom. Any funds realized from patents, copyrights,

21  trademarks, or licenses shall be considered internal funds as

22  provided in s. 1011.07. Such funds shall be used to support

23  the school's marketing and research and development activities

24  in order to improve courseware and services to its students.

25         (d)  The board of trustees shall be responsible for the

26  administration and control of all local school funds derived

27  from all activities or sources and shall prescribe the

28  principles and procedures to be followed in administering

29  these funds. annually prepare and submit to the State Board of

30  Education a legislative budget request, including funding

31  requests for computers for public school students who do not


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 1  have access to public school computers, in accordance with

 2  chapter 216 and s. 1013.60. The legislative budget request of

 3  the Florida Virtual School shall be prepared using the same

 4  format, procedures, and timelines required for the submission

 5  of the legislative budget of the Department of Education.

 6  Nothing in this section shall be construed to guarantee a

 7  computer to any individual student.

 8         (e)  The Florida Virtual School may accrue supplemental

 9  revenue from supplemental support organizations, which

10  include, but are not limited to, alumni associations,

11  foundations, parent-teacher associations, and booster

12  associations. The governing body of each supplemental support

13  organization shall recommend the expenditure of moneys

14  collected by the organization for the benefit of the school.

15  Such expenditures shall be contingent upon the review of the

16  executive director. The executive director may override any

17  proposed expenditure of the organization that would violate

18  Florida law or breach sound educational management.

19         (f)(e)  In accordance with law and rules of the State

20  Board of Education, the board of trustees shall administer and

21  maintain personnel programs for all employees of the board of

22  trustees and the Florida Virtual School. The board of trustees

23  may adopt rules, policies, and procedures related to the

24  appointment, employment, and removal of personnel.

25         1.  The board of trustees shall determine the

26  compensation, including salaries and fringe benefits, and

27  other conditions of employment for such personnel.

28         2.  The board of trustees may establish and maintain a

29  personnel loan or exchange program by which persons employed

30  by the board of trustees for the Florida Virtual School as

31  academic administrative and instructional staff may be loaned


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 1  to, or exchanged with persons employed in like capacities by,

 2  public agencies either within or without this state, or by

 3  private industry. With respect to public agency employees, the

 4  program authorized by this subparagraph shall be consistent

 5  with the requirements of part II of chapter 112. The salary

 6  and benefits of board of trustees personnel participating in

 7  the loan or exchange program shall be continued during the

 8  period of time they participate in a loan or exchange program,

 9  and such personnel shall be deemed to have no break in

10  creditable or continuous service or employment during such

11  time. The salary and benefits of persons participating in the

12  personnel loan or exchange program who are employed by public

13  agencies or private industry shall be paid by the originating

14  employers of those participants, and such personnel shall be

15  deemed to have no break in creditable or continuous service or

16  employment during such time.

17         3.  The employment of all Florida Virtual School

18  academic administrative and instructional personnel shall be

19  subject to rejection for cause by the board of trustees, and

20  shall be subject to policies of the board of trustees relative

21  to certification, tenure, leaves of absence, sabbaticals,

22  remuneration, and such other conditions of employment as the

23  board of trustees deems necessary and proper, not inconsistent

24  with law.

25         4.  Each person employed by the board of trustees in an

26  academic administrative or instructional capacity with the

27  Florida Virtual School shall be entitled to a contract as

28  provided by rules of the board of trustees.

29         5.  All employees except temporary, seasonal, and

30  student employees may be state employees for the purpose of

31  being eligible to participate in the Florida Retirement System


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 1  and receive benefits. The classification and pay plan,

 2  including terminal leave and other benefits, and any

 3  amendments thereto, shall be subject to review and approval by

 4  the Department of Management Services and the Executive Office

 5  of the Governor prior to adoption. In the event that the board

 6  of trustees assumes responsibility for governance pursuant to

 7  this section before approval is obtained, employees shall be

 8  compensated pursuant to the system in effect for the employees

 9  of the fiscal agent.

10         (g)(f)  The board of trustees shall establish

11  priorities for admission of students in accordance with

12  paragraph (1)(b).

13         (h)(g)  The board of trustees shall establish and

14  distribute to all school districts and high schools in the

15  state procedures for enrollment of students in courses offered

16  by the Florida Virtual School. Such procedures shall be

17  designed to minimize paperwork and fairly resolve the issue of

18  double funding students taking courses on-line.

19         (i)  The board of trustees shall establish criteria

20  defining the elements of an approved franchise. The board of

21  trustees may enter into franchise agreements with Florida

22  district school boards and may establish the terms and

23  conditions governing such agreements. The board of trustees

24  shall establish the performance and accountability measures

25  and report the performance of each school district franchise

26  to the Commissioner of Education.

27         (j)(h)  The board of trustees shall annually submit to

28  the State Board of Education both forecasted and actual

29  enrollments and credit completions for the Florida Virtual

30  School, according to procedures established by the State Board

31  of Education. At a minimum, such procedures must include the


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 1  number of public, private, and home education students served

 2  by program and by county of residence district.

 3         (k)(i)  The board of trustees shall provide for the

 4  content and custody of student and employee personnel records.

 5  Student records shall be subject to the provisions of s.

 6  1002.22. Employee records shall be subject to the provisions

 7  of s. 1012.31.

 8         (l)(j)  The financial records and accounts of the

 9  Florida Virtual School shall be maintained under the direction

10  of the board of trustees and under rules adopted by the State

11  Board of Education for the uniform system of financial records

12  and accounts for the schools of the state.

13  

14  The Governor shall designate the initial chair of the board of

15  trustees to serve a term of 4 years. Members of the board of

16  trustees shall serve without compensation, but may be

17  reimbursed for per diem and travel expenses pursuant to s.

18  112.061. The board of trustees shall be a body corporate with

19  all the powers of a body corporate and such authority as is

20  needed for the proper operation and improvement of the Florida

21  Virtual School. The board of trustees is specifically

22  authorized to adopt rules, policies, and procedures,

23  consistent with law and rules of the State Board of Education

24  related to governance, personnel, budget and finance,

25  administration, programs, curriculum and instruction, travel

26  and purchasing, technology, students, contracts and grants,

27  and property as necessary for optimal, efficient operation of

28  the Florida Virtual School. Tangible personal property owned

29  by the board of trustees shall be subject to the provisions of

30  chapter 273.

31  


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 1         (3)  Funding for the Florida Virtual School shall be

 2  provided as follows:

 3         (a)  A "full-time equivalent student" for the Florida

 4  Virtual School is one student who has successfully completed

 5  six credits that shall count toward the minimum number of

 6  credits required for high school graduation. A student who

 7  completes less than six credits shall be a fraction of a

 8  full-time equivalent student. Half credit completions shall be

 9  included in determining a full-time equivalent student. Credit

10  completed by a student in excess of the minimum required for

11  that student for high school graduation is not eligible for

12  funding.

13         (b)  Full-time equivalent student credit completed

14  through the Florida Virtual School, including credits

15  completed during the summer, shall be reported to the

16  Department of Education in the manner prescribed by the

17  department and shall be funded through the Florida Education

18  Finance Program.

19         (c)  School districts may not limit student access to

20  courses offered through the Florida Virtual School.

21         (d)  Full-time equivalent student credit completion for

22  courses offered through the Florida Virtual School shall be

23  reported only by the Florida Virtual School. School districts

24  shall report full-time equivalent student membership only for

25  courses for which the district provides the instruction.

26         (e)  The district cost differential as provided in s.

27  1011.62(2) shall be established as 1.000.

28         (f)  The Florida Virtual School shall receive funds for

29  operating purposes in an amount determined as follows:

30  multiply the maximum allowable nonvoted discretionary millage

31  for operations pursuant to s. 1011.71(1) by the value of 95


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 1  percent of the current year's taxable value for school

 2  purposes for the state; divide the result by the total

 3  full-time equivalent membership of the state; and multiply the

 4  result by the full-time equivalent membership of the school.

 5  The amount thus obtained shall be discretionary operating

 6  funds and shall be appropriated from state funds in the

 7  General Appropriations Act.

 8         (g)  The Florida Virtual School shall receive

 9  additional state funds as may be provided in the General

10  Appropriations Act.

11         (h)  In addition to the funds provided in the General

12  Appropriations Act, the Florida Virtual School may receive

13  other funds from grants and donations.

14         (3)(a)  Until fiscal year 2003-2004, the Commissioner

15  of Education shall include the Florida Virtual School as a

16  grant-in-aid appropriation in the department's legislative

17  budget request to the State Board of Education, the Governor,

18  and the Legislature, subject to any guidelines imposed in the

19  General Appropriations Act.

20         (b)  The Orange County District School Board shall be

21  the temporary fiscal agent of the Florida Virtual School.

22         (4)  School districts operating a virtual school that

23  is an approved franchise of the Florida Virtual School may

24  count full-time equivalent students, as provided in paragraph

25  (3)(a), if such school has been certified as an approved

26  franchise by the Commissioner of Education based on criteria

27  established by the board of trustees pursuant to paragraph

28  (2)(i).

29         Section 20.  Paragraph (c) of subsection (1) of section

30  1011.61, Florida Statutes, is amended to read:

31  


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 1         1011.61  Definitions.--Notwithstanding the provisions

 2  of s. 1000.21, the following terms are defined as follows for

 3  the purposes of the Florida Education Finance Program:

 4         (1)  A "full-time equivalent student" in each program

 5  of the district is defined in terms of full-time students and

 6  part-time students as follows:

 7         (c)1.  A "full-time equivalent student" is:

 8         a.  A full-time student in any one of the programs

 9  listed in s. 1011.62(1)(c); or

10         b.  A combination of full-time or part-time students in

11  any one of the programs listed in s. 1011.62(1)(c) which is

12  the equivalent of one full-time student based on the following

13  calculations:

14         (I)  A full-time student, except a postsecondary or

15  adult student or a senior high school student enrolled in

16  adult education when such courses are required for high school

17  graduation, in a combination of programs listed in s.

18  1011.62(1)(c) shall be a fraction of a full-time equivalent

19  membership in each special program equal to the number of net

20  hours per school year for which he or she is a member, divided

21  by the appropriate number of hours set forth in subparagraph

22  (a)1. or subparagraph (a)2. The difference between that

23  fraction or sum of fractions and the maximum value as set

24  forth in subsection (4) for each full-time student is presumed

25  to be the balance of the student's time not spent in such

26  special education programs and shall be recorded as time in

27  the appropriate basic program.

28         (II)  A prekindergarten handicapped student shall meet

29  the requirements specified for kindergarten students.

30         (III)  A Florida Virtual School full-time equivalent

31  student shall consist of six full credit completions in the


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 1  programs listed in s. 1011.62(1)(c)1. and 4. Credit

 2  completions can be a combination of either full credits or

 3  half credits.

 4         2.  A student in membership in a program scheduled for

 5  more or less than 180 school days is a fraction of a full-time

 6  equivalent membership equal to the number of instructional

 7  hours in membership divided by the appropriate number of hours

 8  set forth in subparagraph (a)1.; however, for the purposes of

 9  this subparagraph, membership in programs scheduled for more

10  than 180 days is limited to students enrolled in juvenile

11  justice education programs and the Florida Virtual School.

12  

13  The department shall determine and implement an equitable

14  method of equivalent funding for experimental schools and for

15  schools operating under emergency conditions, which schools

16  have been approved by the department to operate for less than

17  the minimum school day.

18         Section 21.  Florida Business and Education in School

19  Together (Florida BEST) Program.--

20         (1)  In order to increase business partnerships in

21  education, to reduce school and classroom overcrowding

22  throughout the state, and to offset the high costs of

23  educational facilities construction, the Legislature intends

24  to encourage the formation of partnerships between business

25  and education by creating the Florida Business and Education

26  in School Together (Florida BEST) Program.

27         (2)  Each school board shall, through advertisements in

28  local media and other means, request proposals from area

29  businesses to allow the operation of a business and education

30  partnership school in facilities owned or operated by the

31  business.


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 1         (3)  Each school district shall establish a Florida

 2  BEST school evaluation committee.

 3         (a)  The committee shall be appointed by the school

 4  board and be composed of one school district administrator, at

 5  least one member of the business community, and at least one

 6  member of a local chamber of commerce.

 7         (b)  The committee shall evaluate the feasibility of

 8  each proposal, including the operating cost, number of

 9  students to be served, proposed student-to-teacher ratio,

10  proposed number of years the satellite school would operate,

11  and any other operational or facilities considerations the

12  school board or committee deems appropriate.

13         (c)  The committee shall recommend to the school board

14  those proposals for satellite schools which the committee

15  deems viable and worthy of being established. The school board

16  must take official action on the recommendation of the

17  committee within 60 days after receipt of the recommendation.

18         (4)  A "Florida Business and Education in School

19  Together (Florida BEST) school" is defined as a public school

20  offering instruction to students from kindergarten through

21  third grade. The school may offer instruction in any single

22  grade level or for multiple grade levels. Florida BEST schools

23  shall comply with the constitutional class size requirements.

24         (a)  First priority for admission of students to the

25  Florida BEST school shall be given to the children of owners

26  and employees of the host business. If additional student

27  capacity remains after those children are admitted, the host

28  business may choose which other neighboring businesses may

29  also participate to generate a viable number of students for

30  the school. The school board shall make the necessary

31  arrangements to accommodate students from other school


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 1  districts whose parents are associated with the host business

 2  or business partners.

 3         (b)  Parents shall be responsible for providing

 4  transportation to and from school for the students.

 5         (5)  A multiyear contract for operation of the Florida

 6  BEST school may be entered into between the school district

 7  and the host business. The contract must at least include

 8  provisions relating to any cost of facilities modifications,

 9  provide for the assignment or waiver of appropriate insurance

10  costs, specify the number of students expected to be served,

11  provide grounds for canceling the lease, and specify the

12  advance notice required before the school may be closed.

13         (a)  The school board shall be responsible for

14  providing the appropriate instructional, support, and

15  administrative staff and textbooks, materials, and supplies.

16  The school district may also agree to operate or contract for

17  the operation of a before school and after school program

18  using the donated facilities.

19         (b)  The host business shall provide the appropriate

20  types of space for operating the school. If special

21  facilities, such as restrooms or dining, recreational, or

22  other areas are required, the district may contribute a part

23  of the cost of the construction, remodeling, or renovation for

24  such facilities from capital outlay funds of the district. A

25  multiyear lease for operation of the facility must be agreed

26  to if the school district contributes to the cost of such

27  construction.

28         Section 22.  Notwithstanding any local government

29  ordinance or regulation, any business or corporation may

30  expand the square footage or floor area of its current or

31  proposed facility to accommodate a Florida Business and


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 1  Education in School Together (Florida BEST) school. Facilities

 2  constructed to house a Florida BEST school must comply with

 3  the State Uniform Building Code for Educational Facilities

 4  Construction adopted pursuant to section 1013.37, Florida

 5  Statutes, and must meet state and local health, environmental,

 6  and safety laws and codes.

 7         Section 23.  Subsection (13) of section 1002.33,

 8  Florida Statutes, as created by section 98 of chapter

 9  2002-387, Laws of Florida; section 1012.41, Florida Statutes,

10  as created by section 716 of chapter 2002-387, Laws of

11  Florida; section 1013.43, Florida Statutes, as created by

12  section 842 of chapter 2002-387, Laws of Florida; and section

13  1012.73, Florida Statutes, as created by section 751 of

14  chapter 2002-387, Laws of Florida, are repealed.

15         Section 24.  Subsection (13) is added to section

16  216.292, Florida Statutes, to read:

17         216.292  Appropriations nontransferable; exceptions.--

18         (13)  The Executive Office of the Governor shall

19  transfer funds from appropriations for public school

20  operations to a fixed capital outlay appropriation for class

21  size reduction based on recommendations of the Florida

22  Education Finance Program Appropriation Allocation Conference

23  or the Legislative Budget Commission pursuant to s.

24  1003.03(4)(a). This subsection is subject to the notice and

25  review provisions of s. 216.177.

26         Section 25.  Section 1003.62, Florida Statutes, is

27  amended to read:

28         1003.62  Academic performance-based charter school

29  districts pilot program.--The State Board of Education may is

30  authorized to enter into a performance contract with up to six

31  district school boards as authorized in this section for the


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 1  purpose of establishing them as academic performance-based

 2  charter school districts. The State Board of Education shall

 3  give priority to Hillsborough and Volusia Counties upon the

 4  submission of a completed precharter agreement or charter

 5  proposal for a charter school district. The purpose of this

 6  section pilot program is to examine a new relationship between

 7  the State Board of Education and district school boards that

 8  will may produce significant improvements in student

 9  achievement and school management, while complying with

10  constitutional and statutory requirements assigned to each

11  entity.

12         (1)  ACADEMIC PERFORMANCE-BASED CHARTER SCHOOL

13  DISTRICT.--

14         (a)  A school district shall be eligible for

15  designation as an academic performance-based charter school

16  district if it is a high-performing school district in which a

17  minimum of 50 percent of the schools earn a performance grade

18  category "A" or "B" and in which no school earns a performance

19  grade category "D" or "F" for 2 consecutive years pursuant to

20  s. 1008.34. Schools that receive a performance grade category

21  "I" or "N" shall not be included in this calculation. The

22  performance contract for a school district that earns a

23  charter based on school performance grades shall be predicated

24  on maintenance of at least 50 percent of the schools in the

25  school district earning a performance grade category "A" or

26  "B" with no school in the school district earning a

27  performance grade category "D" or "F" for 2 consecutive years.

28  A school district in which the number of schools that earn a

29  performance grade of "A" or "B" is less than 50 percent may

30  have its charter renewed for 1 year; however, if the

31  


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 1  percentage of "A" or "B" schools is less than 50 percent for 2

 2  consecutive years, the charter shall not be renewed.

 3         (b)  A school district that satisfies the eligibility

 4  criteria for designation as an academic performance-based

 5  charter school district may be so designated upon a super

 6  majority vote by in Florida in which the district school board

 7  after having has submitted and the State Board of Education

 8  having has approved a charter proposal that exchanges

 9  statutory and rule exemption, as authorized by this section,

10  for agreement to meet performance goals in the proposal. The

11  academic performance-based charter school district shall be

12  chartered for 1 year 3 years, at the end of which the

13  performance shall be evaluated. If maintenance of

14  high-performing school district status pursuant to paragraph

15  (a) is not documented in accordance with State Board of

16  Education rule, the charter shall not be renewed.

17         (2)  EXEMPTION FROM STATUTES AND RULES.--

18         (a)  An academic performance-based charter school

19  district shall operate in accordance with its charter and

20  shall be exempt from certain State Board of Education rules

21  and statutes if the State Board of Education determines such

22  an exemption will assist the district in maintaining or

23  improving its high performing status pursuant to paragraph

24  (1)(a). However, the State Board of Education may not exempt

25  an academic performance-based charter school district from any

26  of the following statutes:

27         1.  Those statutes pertaining to the provision of

28  services to students with disabilities.

29         2.  Those statutes pertaining to civil rights,

30  including s. 1000.05, relating to discrimination.

31  


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 1         3.  Those statutes pertaining to student health,

 2  safety, and welfare.

 3         4.  Those statutes governing the election or

 4  compensation of district school board members.

 5         5.  Those statutes pertaining to the student assessment

 6  program and the school grading system, including chapter 1008.

 7         6.  Those statutes pertaining to financial matters,

 8  including chapter 1010.

 9         7.  Those statutes pertaining to planning and

10  budgeting, including chapter 1011, except that ss. 1011.64 and

11  1011.69 shall be eligible for exemption.

12         8.  Sections 1012.22(1)(c) and 1012.27(2), relating to

13  performance-pay policies for school administrators and

14  instructional personnel. Professional service contracts shall

15  be subject to the provisions of ss. 1012.33 and 1012.34.

16         9.  Those statutes pertaining to educational

17  facilities, including chapter 1013, except as specified under

18  contract with the State Board of Education. However, no

19  contractual provision that could have the effect of requiring

20  the appropriation of additional capital outlay funds to the

21  academic performance-based charter school district shall be

22  valid.

23         (b)  Additionally, an academic performance-based

24  charter school district shall be in compliance with the

25  following statutes:

26         1.  Section 286.011, relating to public meetings and

27  records, public inspection, and criminal and civil penalties.

28         2.  Those statutes pertaining to public records,

29  including chapter 119.

30         3.  Those statutes pertaining to financial disclosure

31  by elected officials.


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 1         4.  Those statutes pertaining to conflicts of interest

 2  by elected officials. Charter school districts shall be exempt

 3  from state statutes and specified State Board of Education

 4  rules. The district school board of a charter school district

 5  shall not be exempt from any statute governing election of

 6  district school board members, public meetings and public

 7  records requirements, financial disclosure, conflicts of

 8  interest, operation in the sunshine, or any provisions outside

 9  the Florida K-20 Education Code.

10         (3)  GOVERNING BOARD.--The governing board of the

11  academic performance-based charter school district shall be

12  the duly elected district school board. The district school

13  board shall be responsible for supervising the schools in the

14  academic performance-based charter school district and may

15  convert is authorized to charter each of its existing public

16  schools to charter schools pursuant to s. 1002.33, apply for

17  deregulation of its public schools pursuant to s. 1003.63, or

18  otherwise establish performance-based contractual

19  relationships with its public schools for the purpose of

20  giving them greater autonomy with accountability for

21  performance.

22         (4)  PRECHARTER AGREEMENT.--The State Board of

23  Education may is authorized to approve a precharter agreement

24  that grants with a potential charter district. The agreement

25  may grant limited flexibility and direction for developing the

26  full academic performance-based charter proposal.

27         (5)  ANNUAL REPORT BY CHARTER SCHOOL DISTRICT.--Each

28  school district chartered pursuant to this section shall

29  transmit an annual report to the State Board of Education that

30  delineates the performance of the school district relative to

31  the performance goals contained in the charter agreement. The


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 1  annual report shall be transmitted to the Commissioner of

 2  Education and shall be due each year on the anniversary date

 3  of the charter agreement.

 4         (5)  TIME PERIOD FOR PILOT.--The pilot program shall be

 5  authorized for a period of 3 full school years commencing with

 6  award of a charter. The charter may be renewed upon action of

 7  the State Board of Education.

 8         (6)  REPORTS.--The State Board of Education shall

 9  annually report on the performance of each academic

10  performance-based implementation of the charter school

11  district pilot program. Biennially Upon the completion of the

12  first 3-year term, the State Board of Education, through the

13  Commissioner of Education, shall submit to the Legislature a

14  full evaluation of the effectiveness of granting academic

15  performance-based charter school district status the program.

16         (7)  PILOT PROGRAM CHARTER SCHOOL DISTRICTS;

17  GRANDFATHER PROVISION.--The State Board of Education shall use

18  the criteria approved in the initial charter applications

19  issued to the school districts of Volusia, Hillsborough,

20  Orange, and Palm Beach Counties to renew those pilot program

21  charter school districts in accordance with this subsection.

22  No additional pilot program charter school districts shall be

23  approved, and the pilot program consists solely of school

24  districts in Volusia, Hillsborough, Orange, and Palm Beach

25  Counties. The termination of the charter school districts

26  pilot program is effective July 1, 2007, or upon the end of a

27  5-year renewal contract issued by the State Board of Education

28  to the Volusia County, Hillsborough County, Orange County, or

29  Palm Beach County school district prior to July 1, 2003,

30  whichever is later.

31  


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 1         (8)(7)  RULEMAKING.--The State Board of Education may

 2  adopt shall have the authority to enact rules to implement

 3  this section in accordance with ss. 120.536 and 120.54.

 4         Section 26.  Paragraphs (b) and (d) of subsection (6)

 5  of section 1013.64, Florida Statutes, are amended to read:

 6         1013.64  Funds for comprehensive educational plant

 7  needs; construction cost maximums for school district capital

 8  projects.--Allocations from the Public Education Capital

 9  Outlay and Debt Service Trust Fund to the various boards for

10  capital outlay projects shall be determined as follows:

11         (6)

12         (b)1.  A district school board, including a district

13  school board of an academic performance-based charter school

14  district, must not use funds from the following sources:

15  Public Education Capital Outlay and Debt Service Trust Fund;

16  or the School District and Community College District Capital

17  Outlay and Debt Service Trust Fund; Classrooms First Program

18  funds provided in s. 1013.68; effort index grant funds

19  provided in s. 1013.73; nonvoted 2-mill levy of ad valorem

20  property taxes provided in s. 1011.71(2); Classrooms for Kids

21  Infrastructure Program funds provided in s. 1013.735; or

22  District Effort Recognition Program funds provided in s.

23  1013.736 for any new construction of educational plant space

24  with a total cost per student station, including change

25  orders, that equals more than:

26         a.  $12,755 $11,600 for an elementary school,

27         b.  $14,624 $13,300 for a middle school, or

28         c.  $19,352 $17,600 for a high school,

29  

30  (January 2002 1997) as adjusted annually to reflect increases

31  or decreases in by the Consumer Price Index.


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 1         2.  A district school board must not use funds from the

 2  Public Education Capital Outlay and Debt Service Trust Fund or

 3  the School District and Community College District Capital

 4  Outlay and Debt Service Trust Fund for any new construction of

 5  an ancillary plant that exceeds 70 percent of the average cost

 6  per square foot of new construction for all schools.

 7         (d)  The department shall:

 8         1.  Compute for each calendar year the statewide

 9  average construction costs for facilities serving each

10  instructional level, for relocatable educational facilities,

11  for administrative facilities, and for other ancillary and

12  auxiliary facilities. The department shall compute the

13  statewide average costs per student station for each

14  instructional level.

15         2.  Annually review the actual completed construction

16  costs of educational facilities in each school district. For

17  any school district in which the total actual cost per student

18  station, including change orders, exceeds the statewide limits

19  established in paragraph (b), the school district shall report

20  to the department the actual cost per student station and the

21  reason for the school district's inability to adhere to the

22  limits established in paragraph (b). The department shall

23  collect all such reports and shall report to the Governor, the

24  President of the Senate, and the Speaker of the House of

25  Representatives by December 31 of each year a summary of each

26  school district's spending in excess of the cost per student

27  station provided in paragraph (b) as reported by the school

28  districts.

29  

30  Cost per student station includes contract costs, legal and

31  administrative costs, fees of architects and engineers,


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 1  furniture and equipment, and site improvement costs. Cost per

 2  student station does not include the cost of purchasing or

 3  leasing the site for the construction or the cost of related

 4  offsite improvements.

 5         Section 27.  Section 1000.041, Florida Statutes, is

 6  created to read:

 7         1000.041  Better Educated Students and Teachers (BEST)

 8  Florida Teaching; legislative purposes; guiding

 9  principles.--The legislative purposes and guiding principles

10  of BEST Florida Teaching are:

11         (1)  Teachers lead, students learn.

12         (2)  Teachers maintain orderly, disciplined classrooms

13  conducive to student learning.

14         (3)  Teachers are trained, recruited, well compensated,

15  and retained for quality.

16         (4)  Teachers are well rewarded for their students'

17  high performance.

18         (5)  Teachers are most effective when served by

19  exemplary school administrators.

20  

21  Each teacher preparation program, each postsecondary

22  educational institution providing dual enrollment or other

23  acceleration programs, each district school board, and each

24  district and school-based administrator fully supports and

25  cooperates in the accomplishment of these purposes and guiding

26  principles.

27         Section 28.  Section 1001.33, Florida Statutes, is

28  amended to read:

29         1001.33  Schools under control of district school board

30  and district school superintendent.--

31  


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 1         (1)  Except as otherwise provided by law, all public

 2  schools conducted within the district shall be under the

 3  direction and control of the district school board with the

 4  district school superintendent as executive officer.

 5         (2)  Each district school board, each district school

 6  superintendent, and each district and school-based

 7  administrator shall cooperate to apply the following guiding

 8  principles of Better Educated Students and Teachers (BEST)

 9  Florida Teaching:

10         (a)  Teachers lead, students learn.

11         (b)  Teachers maintain orderly, disciplined classrooms

12  conducive to student learning.

13         (c)  Teachers are trained, recruited, well compensated,

14  and retained for quality.

15         (d)  Teachers are well rewarded for their students'

16  high performance.

17         (e)  Teachers are most effective when served by

18  exemplary school administrators.

19         Section 29.  Subsections (5), (6), and (20) of section

20  1001.42, Florida Statutes, are amended to read:

21         1001.42  Powers and duties of district school

22  board.--The district school board, acting as a board, shall

23  exercise all powers and perform all duties listed below:

24         (5)  PERSONNEL.--

25         (a)  Designate positions to be filled, prescribe

26  qualifications for those positions, and provide for the

27  appointment, compensation, promotion, suspension, and

28  dismissal of employees, subject to the requirements of chapter

29  1012. A district school board is encouraged to provide

30  clerical personnel or volunteers who are not classroom

31  teachers to assist teachers in noninstructional activities,


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 1  including performing paperwork and recordkeeping duties.

 2  However, a teacher shall remain responsible for all

 3  instructional activities and for classroom management and

 4  grading student performance.

 5         (b)  Notwithstanding s. 1012.55 or any other provision

 6  of law or rule to the contrary and, the district school board

 7  may, consistent with adopted district school board policy

 8  relating to alternative certification for school principals,

 9  have the authority to appoint persons to the position of

10  school principal who do not hold educator certification.

11         (c)  Fully support and cooperate in the application of

12  the guiding principles of Better Educated Students and

13  Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.

14         (6)  STUDENT CHILD WELFARE.--

15         (a)  In accordance with the provisions of chapters 1003

16  and 1006, provide for the proper accounting for all students

17  children of school age, for the attendance and control of

18  students at school, and for proper attention to health,

19  safety, and other matters relating to the welfare of students

20  children.

21         (b)  In accordance with the provisions of ss. 1003.31

22  and 1003.32, fully support the authority of each teacher and

23  school bus driver to remove disobedient, disrespectful,

24  violent, abusive, uncontrollable, or disruptive students from

25  the classroom and the school bus and the authority of the

26  school board to place such students in an alternative

27  educational setting, when appropriate and available.

28         (20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the

29  anonymity of students in large schools, adopt policies to

30  encourage any large school that does not meet the definition

31  of a small school, as established by s. 1013.43(2), to


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 1  subdivide into schools-within-a-school that shall operate

 2  within existing resources in accordance with the provisions of

 3  chapter 1003.

 4         Section 30.  Present subsection (23) of section

 5  1001.51, Florida Statutes, is redesignated as subsection (25),

 6  and new subsections (23) and (24) are added to that section to

 7  read:

 8         1001.51  Duties and responsibilities of district school

 9  superintendent.--The district school superintendent shall

10  exercise all powers and perform all duties listed below and

11  elsewhere in the law, provided that, in so doing, he or she

12  shall advise and counsel with the district school board. The

13  district school superintendent shall perform all tasks

14  necessary to make sound recommendations, nominations,

15  proposals, and reports required by law to be acted upon by the

16  district school board. All such recommendations, nominations,

17  proposals, and reports by the district school superintendent

18  shall be either recorded in the minutes or shall be made in

19  writing, noted in the minutes, and filed in the public records

20  of the district school board. It shall be presumed that, in

21  the absence of the record required in this section, the

22  recommendations, nominations, and proposals required of the

23  district school superintendent were not contrary to the action

24  taken by the district school board in such matters.

25         (23)  QUALITY TEACHERS.--Fully support and cooperate in

26  the application of the guiding principles of Better Educated

27  Students and Teachers (BEST) Florida Teaching, pursuant to s.

28  1000.041.

29         (24)  ORDERLY CLASSROOMS AND SCHOOL BUSES.--Fully

30  support the authority of each teacher and school bus driver to

31  remove disobedient, disrespectful, violent, abusive,


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 1  uncontrollable, or disruptive students from the classroom and

 2  the school bus and the authority of the school principal to

 3  place such students in an alternative educational setting,

 4  when appropriate and available.

 5         Section 31.  Subsection (1) of section 1001.54, Florida

 6  Statutes, is amended to read:

 7         1001.54  Duties of school principals.--

 8         (1)(a)  A district school board shall employ, through

 9  written contract, public school principals.

10         (b)  The school principal has authority over school

11  district personnel in accordance with s. 1012.28.

12         (c)  The school principal shall encourage school

13  personnel to implement the guiding principles for Better

14  Educated Students and Teachers (BEST) Florida Teaching,

15  pursuant to s. 1000.041.

16         (d)  The school principal shall fully support the

17  authority of each teacher and school bus driver to remove

18  disobedient, disrespectful, violent, abusive, uncontrollable,

19  or disruptive students from the classroom and the school bus

20  and, when appropriate and available, place such students in an

21  alternative educational setting.

22         Section 32.  Subsection (22) is added to section

23  1002.20, Florida Statutes, to read:

24         1002.20  K-12 student and parent rights.--K-12 students

25  and their parents are afforded numerous statutory rights

26  including, but not limited to, the following:

27         (22)  ORDERLY, DISCIPLINED CLASSROOMS.--Public school

28  students shall be in orderly, disciplined classrooms conducive

29  to learning without the distraction caused by disobedient,

30  disrespectful, violent, abusive, uncontrollable, or disruptive

31  students, in accordance with s. 1003.32.


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 1         Section 33.  Subsection (13) of section 1002.42,

 2  Florida Statutes, is amended to read:

 3         1002.42  Private schools.--

 4         (13)  PROFESSIONAL DEVELOPMENT SYSTEM.--An organization

 5  of private schools that has no fewer than 10 member schools in

 6  this state may develop a professional development system to be

 7  filed with the Department of Education in accordance with the

 8  provisions of s. 1012.98(6)(7).

 9         Section 34.  Section 1003.04, Florida Statutes, is

10  amended to read:

11         1003.04  Student conduct and parental involvement

12  goals.--

13         (1)  It is the goal of the Legislature and each

14  district school board that Each public K-12 student must

15  remain in attendance throughout the school year, unless

16  excused by the school for illness or other good cause, and

17  must comply fully with the school's code of conduct.

18         (2)  The parent of each public K-12 student must

19  cooperate with the authority of the student's district school

20  board, superintendent, principal, teachers, and school bus

21  drivers, according to ss. 1003.31 and 1003.32, to remove the

22  student from the classroom and the school bus and, when

23  appropriate and available, to place the student in an

24  alternative educational setting, if the student is

25  disobedient, disrespectful, violent, abusive, uncontrollable,

26  or disruptive.

27         (3)(2)  It is the goal of the Legislature and each

28  district school board that the parent of each public K-12

29  student comply with the school's reasonable and

30  time-acceptable parental involvement requests.

31  


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 1         Section 35.  Subsection (1) of section 1003.31, Florida

 2  Statutes, is amended to read:

 3         1003.31  Students subject to control of school.--

 4         (1)  Subject to law and rules of the State Board of

 5  Education and of the district school board, each student

 6  enrolled in a school shall:

 7         (a)  During the time she or he is being transported to

 8  or from school at public expense;

 9         (b)  During the time she or he is attending school;

10         (c)  During the time she or he is on the school

11  premises participating with authorization in a

12  school-sponsored activity; and

13         (d)  During a reasonable time before and after the

14  student is on the premises for attendance at school or for

15  authorized participation in a school-sponsored activity, and

16  only when on the premises,

17  

18  be under the control and direction of the principal or teacher

19  in charge of the school, and under the immediate control and

20  direction of the teacher or other member of the instructional

21  staff or of the bus driver to whom such responsibility may be

22  assigned by the principal. However, the State Board of

23  Education or the district school board may, by rules, subject

24  each student to the control and direction of the principal or

25  teacher in charge of the school during the time she or he is

26  otherwise en route to or from school or is presumed by law to

27  be attending school. Each district school board, each district

28  school superintendent, and each school principal shall fully

29  support the authority of teachers, according to s. 1003.32,

30  and school bus drivers to remove disobedient, disrespectful,

31  violent, abusive, uncontrollable, or disruptive students from


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 1  the classroom and the school bus and, when appropriate and

 2  available, place such students in an alternative educational

 3  setting.

 4         Section 36.  Section 1003.32, Florida Statutes, is

 5  amended to read:

 6         1003.32  Authority of teacher; responsibility for

 7  control of students; district school board and principal

 8  duties.--Subject to law and to the rules of the district

 9  school board, each teacher or other member of the staff of any

10  school shall have such authority for the control and

11  discipline of students as may be assigned to him or her by the

12  principal or the principal' s designated representative and

13  shall keep good order in the classroom and in other places in

14  which he or she is assigned to be in charge of students.

15         (1)  In accordance with this section and within the

16  framework of the district school board's code of student

17  conduct, teachers and other instructional personnel shall have

18  the authority to undertake any of the following actions in

19  managing student behavior and ensuring the safety of all

20  students in their classes and school and their opportunity to

21  learn in an orderly and disciplined classroom:

22         (a)  Establish classroom rules of conduct.

23         (b)  Establish and implement consequences, designed to

24  change behavior, for infractions of classroom rules.

25         (c)  Have disobedient, disrespectful, violent, abusive,

26  uncontrollable, or disruptive students temporarily removed

27  from the classroom for behavior management intervention.

28         (d)  Have violent, abusive, uncontrollable, or

29  disruptive students directed for information or assistance

30  from appropriate school or district school board personnel.

31  


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 1         (e)  Assist in enforcing school rules on school

 2  property, during school-sponsored transportation, and during

 3  school-sponsored activities.

 4         (f)  Request and receive information as to the

 5  disposition of any referrals to the administration for

 6  violation of classroom or school rules.

 7         (g)  Request and receive immediate assistance in

 8  classroom management if a student becomes uncontrollable or in

 9  case of emergency.

10         (h)  Request and receive training and other assistance

11  to improve skills in classroom management, violence

12  prevention, conflict resolution, and related areas.

13         (i)  Press charges if there is a reason to believe that

14  a crime has been committed against the teacher or other

15  instructional personnel on school property, during

16  school-sponsored transportation, or during school-sponsored

17  activities.

18         (j)  Use reasonable force, according to standards

19  adopted by the State Board of Education, to protect himself or

20  herself or others from injury.

21         (k)  Use corporal punishment according to school board

22  policy and at least the following procedures, if a teacher

23  feels that corporal punishment is necessary:

24         1.  The use of corporal punishment shall be approved in

25  principle by the principal before it is used, but approval is

26  not necessary for each specific instance in which it is used.

27  The principal shall prepare guidelines for administering such

28  punishment which identify the types of punishable offenses,

29  the conditions under which the punishment shall be

30  administered, and the specific personnel on the school staff

31  authorized to administer the punishment.


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 1         2.  A teacher or principal may administer corporal

 2  punishment only in the presence of another adult who is

 3  informed beforehand, and in the student's presence, of the

 4  reason for the punishment.

 5         3.  A teacher or principal who has administered

 6  punishment shall, upon request, provide the student's parent

 7  with a written explanation of the reason for the punishment

 8  and the name of the other adult who was present.

 9         (2)  Teachers and other instructional personnel shall:

10         (a)  Set and enforce reasonable classroom rules that

11  treat all students equitably.

12         (b)  Seek professional development to improve classroom

13  management skills when data show that they are not effective

14  in handling minor classroom disruptions.

15         (c)  Maintain an orderly and disciplined classroom with

16  a positive and effective learning environment that maximizes

17  learning and minimizes disruption.

18         (d)  Work with parents and other school personnel to

19  solve discipline problems in their classrooms.

20         (3)  A teacher may send a student to the principal's

21  office to maintain effective discipline in the classroom and

22  may recommend an appropriate consequence consistent with the

23  student code of conduct under s. 1006.07. The principal shall

24  respond by employing the teacher's recommended consequence or

25  a more serious disciplinary action if the student's history of

26  disruptive behavior warrants it. If the principal determines

27  that a lesser disciplinary action is appropriate, the

28  principal should consult with the teacher prior to taking

29  disciplinary action appropriate discipline-management

30  techniques consistent with the student code of conduct under

31  s. 1006.07.


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 1         (4)  A teacher may remove from class a student whose

 2  behavior the teacher determines interferes with the teacher's

 3  ability to communicate effectively with the students in the

 4  class or with the ability of the student's classmates to

 5  learn. Each district school board, each district school

 6  superintendent, and each school principal shall support the

 7  authority of teachers to remove disobedient, violent, abusive,

 8  uncontrollable, or disruptive students from the classroom.

 9         (5)  If a teacher removes a student from class under

10  subsection (4), the principal may place the student in another

11  appropriate classroom, in in-school suspension, or in a

12  dropout prevention and academic intervention program as

13  provided by s. 1003.53; or the principal may recommend the

14  student for out-of-school suspension or expulsion, as

15  appropriate. The student may be prohibited from attending or

16  participating in school-sponsored or school-related

17  activities. The principal may not return the student to that

18  teacher's class without the teacher's consent unless the

19  committee established under subsection (6) determines that

20  such placement is the best or only available alternative. The

21  teacher and the placement review committee must render

22  decisions within 5 days of the removal of the student from the

23  classroom.

24         (6)(a)  Each school shall establish a placement review

25  committee to determine placement of a student when a teacher

26  withholds consent to the return of a student to the teacher's

27  class. A school principal must notify each teacher in that

28  school about the availability, the procedures, and the

29  criteria for the placement review committee as outlined in

30  this section.

31  


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 1         (b)  The principal must report on a quarterly basis to

 2  the district school superintendent and district school board

 3  each incidence of a teacher's withholding consent for a

 4  removed student to return to the teacher's class and the

 5  disposition of the incident, and the superintendent must

 6  annually report these data to the department.

 7         (c)  The Commissioner of Education shall annually

 8  review each school district's compliance with this section,

 9  and success in achieving orderly classrooms, and shall use all

10  appropriate enforcement actions up to and including the

11  withholding of disbursements from the Educational Enhancement

12  Trust Fund until full compliance is verified.

13         (d)  Placement review committee membership must include

14  at least the following:

15         1.(a)  Two teachers, one selected by the school's

16  faculty and one selected by the teacher who has removed the

17  student.

18         2.(b)  One member from the school's staff who is

19  selected by the principal.

20  

21  The teacher who withheld consent to readmitting the student

22  may not serve on the committee. The teacher and the placement

23  review committee must render decisions within 5 days after the

24  removal of the student from the classroom. If the placement

25  review committee's decision is contrary to the decision of the

26  teacher to withhold consent to the return of the removed

27  student to the teacher's class, the teacher may appeal the

28  committee's decision to the district school superintendent.

29         (7)  Any teacher who removes 25 percent of his or her

30  total class enrollment shall be required to complete

31  


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 1  professional development to improve classroom management

 2  skills.

 3         (8)  Each teacher or other member of the staff of any

 4  school who knows or has reason to suspect that any person has

 5  committed, or has made a credible threat to commit, a crime of

 6  violence on school property shall report such knowledge or

 7  suspicion in accordance with the provisions of s. 1006.13.

 8  Each district school superintendent and each school principal

 9  shall fully support good-faith reporting in accordance with

10  the provisions of this subsection and s. 1006.13. Any person

11  who makes a report required by this subsection in good faith

12  shall be immune from civil or criminal liability for making

13  the report.

14         (9)(8)  When knowledgeable of the likely risk of

15  physical violence in the schools, the district school board

16  shall take reasonable steps to ensure that teachers, other

17  school staff, and students are not at undue risk of violence

18  or harm.

19         Section 37.  Section 1004.04, Florida Statutes, is

20  amended to read:

21         1004.04  Public accountability and state approval for

22  teacher preparation programs.--

23         (1)  INTENT.--

24         (a)  The Legislature recognizes that skilled teachers

25  make an important contribution to a system that allows

26  students to obtain a high-quality education.

27         (b)  The intent of the Legislature is to require the

28  State Board of Education to attain establish a system for

29  development and approval of teacher preparation programs that

30  allows will free postsecondary teacher preparation

31  institutions to employ varied and innovative teacher


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 1  preparation techniques while being held accountable for

 2  producing graduates with the competencies and skills necessary

 3  to achieve the state education goals; help the state's diverse

 4  student population, including students who have substandard

 5  reading and computational skills and students with limited

 6  English proficiency, meet high standards for academic

 7  achievement; maintain safe, secure classroom learning

 8  environments; and sustain the state system of school

 9  improvement and education accountability established pursuant

10  to ss. 1000.03(5) and 1008.345.

11         (2)  UNIFORM CORE CURRICULA.--

12         (a)  The State Board of Education shall adopt rules

13  pursuant to ss. 120.536(1) and 120.54 that establish uniform

14  core curricula for each state-approved teacher preparation

15  program.

16         (b)  The rules to establish uniform core curricula for

17  each state-approved teacher preparation program must include,

18  but are not limited to, a State Board of Education identified

19  foundation in scientifically researched, knowledge-based

20  reading literacy and computational skills acquisition;

21  classroom management; school safety; professional ethics;

22  educational law; human development and learning; and

23  understanding of the Sunshine State Standards content measured

24  by state achievement tests, reading and interpretation of

25  data, and use of data to improve student achievement.

26         (c)  These rules shall not require an additional period

27  of time-to-degree but may be phased in to enable teacher

28  preparation programs to supplant courses, including pedagogy

29  courses, not required by law or State Board of Education rule

30  with the courses identified pursuant to paragraph (b).

31  


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 1         (3)(2)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A

 2  system developed by the Department of Education in

 3  collaboration with postsecondary educational institutions

 4  shall assist departments and colleges of education in the

 5  restructuring of their programs in accordance with this

 6  section to meet the need for producing quality teachers now

 7  and in the future.

 8         (a)  The system must be designed to assist teacher

 9  educators in conceptualizing, developing, implementing, and

10  evaluating programs that meet state-adopted standards. These

11  standards shall emphasize quality indicators drawn from

12  research, professional literature, recognized guidelines,

13  Florida essential teaching competencies and

14  educator-accomplished practices, effective classroom

15  practices, and the outcomes of the state system of school

16  improvement and education accountability, as well as

17  performance measures.

18         (b)  Departments and colleges of education shall

19  emphasize the state system of school improvement and education

20  accountability concepts and standards, including Sunshine

21  State Standards.

22         (c)  State-approved teacher preparation programs must

23  incorporate:

24         1.  Appropriate English for Speakers of Other Languages

25  instruction so that program graduates will have completed the

26  requirements for teaching limited English proficient students

27  in Florida public schools.

28         2.  Scientifically researched, knowledge-based reading

29  literacy and computational skills instruction so that program

30  graduates will be able to provide the necessary academic

31  


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 1  foundations for their students at whatever grade levels they

 2  choose to teach.

 3         (4)(3)  INITIAL STATE PROGRAM APPROVAL.--

 4         (a)  A program approval process based on standards

 5  adopted pursuant to subsections subsection (2) and (3) must be

 6  established for postsecondary teacher preparation programs,

 7  phased in according to timelines determined by the Department

 8  of Education, and fully implemented for all teacher

 9  preparation programs in the state. Each program shall be

10  approved by the department, consistent with the intent set

11  forth in subsection (1) and based primarily upon significant,

12  objective, and quantifiable graduate performance measures.

13         (b)  Each teacher preparation program approved by the

14  Department of Education, as provided for by this section,

15  shall require students to meet the following as prerequisites

16  for admission into the program:

17         1.  Have a grade point average of at least 2.5 on a 4.0

18  scale for the general education component of undergraduate

19  studies or have completed the requirements for a baccalaureate

20  degree with a minimum grade point average of 2.5 on a 4.0

21  scale from any college or university accredited by a regional

22  accrediting association as defined by State Board of Education

23  rule or any college or university otherwise approved pursuant

24  to State Board of Education rule.

25         2.  Demonstrate mastery of general knowledge, including

26  the ability to read, write, and compute, by passing the

27  College Level Academic Skills Test, a corresponding component

28  of the National Teachers Examination series, or a similar test

29  pursuant to rules of the State Board of Education.

30  

31  


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 1  Each teacher preparation program may waive these admissions

 2  requirements for up to 10 percent of the students admitted.

 3  Programs shall implement strategies to ensure that students

 4  admitted under a waiver receive assistance to demonstrate

 5  competencies to successfully meet requirements for

 6  certification.

 7         (5)(4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

 8  subsection (4) (3), failure by a public or nonpublic teacher

 9  preparation program to meet the criteria for continued program

10  approval shall result in loss of program approval. The

11  Department of Education, in collaboration with the departments

12  and colleges of education, shall develop procedures for

13  continued program approval that document the continuous

14  improvement of program processes and graduates' performance.

15         (a)  Continued approval of specific teacher preparation

16  programs at each public and nonpublic postsecondary

17  educational institution within the state is contingent upon

18  the passing of the written examination required by s. 1012.56

19  by at least 90 percent of the graduates of the program who

20  take the examination. On request of an institution, The

21  Department of Education shall annually provide an analysis of

22  the performance of the graduates of such institution with

23  respect to the competencies assessed by the examination

24  required by s. 1012.56.

25         (b)  Additional criteria for continued program approval

26  for public institutions may be approved by the State Board of

27  Education. Such criteria must emphasize instruction in

28  classroom management and must provide for the evaluation of

29  the teacher candidates' performance in this area. The criteria

30  shall also require instruction in working with underachieving

31  students. Program evaluation procedures must include, but are


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 1  not limited to, program graduates' satisfaction with

 2  instruction and the program's responsiveness to local school

 3  districts. Additional criteria for continued program approval

 4  for nonpublic institutions shall be developed in the same

 5  manner as for public institutions; however, such criteria must

 6  be based upon significant, objective, and quantifiable

 7  graduate performance measures. Responsibility for collecting

 8  data on outcome measures through survey instruments and other

 9  appropriate means shall be shared by the postsecondary

10  educational institutions and the Department of Education. By

11  January 1 of each year, the Department of Education shall

12  report this information for each postsecondary educational

13  institution that has state-approved programs of teacher

14  education to the Governor, the State Board of Education, the

15  Commissioner of Education, the President of the Senate, the

16  Speaker of the House of Representatives, all Florida

17  postsecondary teacher preparation programs, and interested

18  members of the public. This report must analyze the data and

19  make recommendations for improving teacher preparation

20  programs in the state.

21         (c)  Continued approval for a teacher preparation

22  program is contingent upon the results of periodic annual

23  reviews, on a schedule established by the State Board of

24  Education, of the program conducted by the postsecondary

25  educational institution, using procedures and criteria

26  outlined in an institutional program evaluation plan approved

27  by the Department of Education. This plan must incorporate the

28  criteria established in paragraphs (a) and (b) and include

29  provisions for involving primary stakeholders, such as program

30  graduates, district school personnel, classroom teachers,

31  principals, community agencies, and business representatives


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 1  in the evaluation process. Upon request by an institution, the

 2  department shall provide assistance in developing, enhancing,

 3  or reviewing the institutional program evaluation plan and

 4  training evaluation team members.

 5         (d)  Continued approval for a teacher preparation

 6  program is contingent upon standards being in place that are

 7  designed to adequately prepare elementary, middle, and high

 8  school teachers to instruct their students in reading and

 9  higher-level mathematics concepts and in the use of technology

10  at the appropriate grade level.

11         (e)  Continued approval of teacher preparation programs

12  is contingent upon compliance with the student admission

13  requirements of subsection (4) (3) and upon the receipt of at

14  least a satisfactory rating from public schools and private

15  schools that employ graduates of the program. Each teacher

16  preparation program shall guarantee the high quality of its

17  graduates during the first 2 years immediately following

18  graduation from the program or following initial

19  certification, whichever occurs first. Any educator in a

20  Florida school who fails to demonstrate the essential skills

21  specified in subparagraphs 1.-5. shall be provided additional

22  training by the teacher preparation program at no expense to

23  the educator or the employer. Such training must consist of an

24  individualized plan agreed upon by the school district and the

25  postsecondary educational institution that includes specific

26  learning outcomes. The postsecondary educational institution

27  assumes no responsibility for the educator's employment

28  contract with the employer. Employer satisfaction shall be

29  determined by an annually administered survey instrument

30  approved by the Department of Education that, at a minimum,

31  


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 1  must include employer satisfaction of the graduates' ability

 2  to do the following:

 3         1.  Write and speak in a logical and understandable

 4  style with appropriate grammar.

 5         2.  Recognize signs of students' difficulty with the

 6  reading and computational process and apply appropriate

 7  measures to improve students' reading and computational

 8  performance.

 9         3.  Use and integrate appropriate technology in

10  teaching and learning processes.

11         4.  Demonstrate knowledge and understanding of Sunshine

12  State Standards.

13         5.  Maintain an orderly and disciplined classroom

14  conducive to student learning.

15         (f)1.  Each Florida public and private institution that

16  offers a state-approved teacher preparation program must

17  annually report information regarding these programs to the

18  state and the general public. This information shall be

19  reported in a uniform and comprehensible manner that is

20  consistent with definitions and methods approved by the

21  Commissioner of the National Center for Educational Statistics

22  and that is approved by the State Board of Education. This

23  information must include, at a minimum:

24         a.  The percent of graduates obtaining full-time

25  teaching employment within the first year of graduation.

26         b.  The average length of stay of graduates in their

27  full-time teaching positions.

28         c.  Satisfaction ratings required in paragraph (e).

29         2.  Each public and private institution offering

30  training for school readiness related professions, including

31  training in the fields of child care and early childhood


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 1  education, whether offering technical credit, associate in

 2  applied science degree programs, associate in science degree

 3  programs, or associate in arts degree programs, shall annually

 4  report information regarding these programs to the state and

 5  the general public in a uniform and comprehensible manner that

 6  conforms with definitions and methods approved by the State

 7  Board of Education. This information must include, at a

 8  minimum:

 9         a.  Average length of stay of graduates in their

10  positions.

11         b.  Satisfaction ratings of graduates' employers.

12  

13  This information shall be reported through publications,

14  including college and university catalogs and promotional

15  materials sent to potential applicants, secondary school

16  guidance counselors, and prospective employers of the

17  institution's program graduates.

18         (6)(5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

19  instructors, school district personnel and instructional

20  personnel, and school sites preparing instructional personnel

21  through preservice field experience courses and internships

22  shall meet special requirements. District school boards are

23  authorized to pay student teachers during their internships.

24         (a)  All instructors in postsecondary teacher

25  preparation programs who instruct or supervise preservice

26  field experience courses or internships shall have at least

27  one of the following: specialized training in clinical

28  supervision; a valid professional teaching certificate

29  pursuant to ss. 1012.56 and 1012.585; or at least 3 years of

30  successful teaching experience in prekindergarten through

31  grade 12.


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 1         (b)  All school district personnel and instructional

 2  personnel who supervise or direct teacher preparation students

 3  during field experience courses or internships must have

 4  evidence of "clinical educator" training and must successfully

 5  demonstrate effective classroom management strategies that

 6  consistently result in improved student performance. The State

 7  Board of Education shall approve the training requirements.

 8         (c)  Preservice field experience programs must provide

 9  specific guidance and demonstration of effective classroom

10  management strategies, strategies for incorporating technology

11  into classroom instruction, strategies for incorporating

12  scientifically researched, knowledge-based reading literacy

13  and computational skills acquisition into classroom

14  instruction, and ways to link instructional plans to the

15  Sunshine State Standards, as appropriate. The length of

16  structured field experiences may be extended to ensure that

17  candidates achieve the competencies needed to meet

18  certification requirements.

19         (d)  Postsecondary teacher preparation programs in

20  cooperation with district school boards and approved private

21  school associations shall select the school sites for

22  preservice field experience activities. These sites must

23  represent the full spectrum of school communities, including,

24  but not limited to, schools located in urban settings. In

25  order to be selected, school sites must demonstrate commitment

26  to the education of public school students and to the

27  preparation of future teachers.

28         (7)(6)  STANDARDS OF EXCELLENCE.--The State Board of

29  Education shall approve standards of excellence for teacher

30  preparation. These standards must exceed the requirements for

31  program approval pursuant to subsection (4) (3) and must


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 1  incorporate state and national recommendations for exemplary

 2  teacher preparation programs.

 3         (8)(7)  NATIONAL BOARD STANDARDS.--The State Board of

 4  Education shall review standards and recommendations developed

 5  by the National Board for Professional Teaching Standards and

 6  may incorporate those parts deemed appropriate into criteria

 7  for continued state program approval, standards of excellence,

 8  and requirements for inservice education.

 9         (9)(8)  COMMUNITY COLLEGES.--To the extent practical,

10  postsecondary educational institutions offering teacher

11  preparation programs shall establish articulation agreements

12  on a core of liberal arts courses and introductory

13  professional courses with field experience components which

14  shall be offered at community colleges.

15         (10)(9)  PRETEACHER AND TEACHER EDUCATION PILOT

16  PROGRAMS.--State universities and community colleges may

17  establish preteacher education and teacher education pilot

18  programs to encourage promising minority students to prepare

19  for a career in education. These pilot programs shall be

20  designed to recruit and provide additional academic, clinical,

21  and counseling support for students whom the institution

22  judges to be potentially successful teacher education

23  candidates, but who may not meet teacher education program

24  admission standards. Priority consideration shall be given to

25  those pilot programs that are jointly submitted by community

26  colleges and state universities.

27         (a)  These pilot programs shall be approved by the

28  State Board of Education and shall be designed to provide help

29  and support for program participants during the preteacher

30  education period of general academic preparation at a

31  community college or state university and during professional


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 1  preparation in a state-approved teacher education program.

 2  Emphasis shall be placed on development of the basic skills

 3  needed by successful teachers.

 4         (b)  State universities and community colleges may

 5  admit into the pilot program those incoming students who

 6  demonstrate an interest in teaching as a career, but who may

 7  not meet the requirements for entrance into an approved

 8  teacher education program.

 9         1.  Flexibility may be given to colleges of education

10  to develop and market innovative teacher training programs

11  directed at specific target groups such as graduates from the

12  colleges of arts and sciences, employed education

13  paraprofessionals, substitute teachers, early federal

14  retirees, and nontraditional college students. Programs must

15  be submitted to the State Board of Education for approval.

16         2.  Academically successful graduates in the fields of

17  liberal arts and science may be encouraged to embark upon a

18  career in education.

19         3.  Models may be developed to provide a positive

20  initial experience in teaching in order to encourage

21  retention. Priority should be given to models that encourage

22  minority graduates.

23         (c)  In order to be certified, a graduate from a pilot

24  program shall meet all requirements for teacher certification

25  specified by s. 1012.56. Should a graduate of a pilot program

26  not meet the requirements of s. 1012.56, that person shall not

27  be included in the calculations required by paragraph

28  (5)(4)(a) and State Board of Education rules for continued

29  program approval, or in the statutes used by the State Board

30  of Education in deciding which teacher education programs to

31  approve.


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 1         (d)  Institutions participating in the pilot program

 2  shall submit an annual report evaluating the success of the

 3  program to the Commissioner of Education by March 1 of each

 4  year. The report shall include, at a minimum, contain, but

 5  shall not be limited to: the number of pilot program

 6  participants, including the number participating in general

 7  education and the number admitted to approved teacher

 8  education programs, the number of pilot program graduates, and

 9  the number of pilot program graduates who met the requirements

10  of s. 1012.56. The commissioner shall consider the number of

11  participants recruited, the number of graduates, and the

12  number of graduates successfully meeting the requirements of

13  s. 1012.56 reported by each institution, and shall make an

14  annual recommendation to the State Board of Education

15  regarding the institution's continued participation in the

16  pilot program.

17         (11)(10)  TEACHER EDUCATION PILOT PROGRAMS FOR

18  HIGH-ACHIEVING STUDENTS.--Pilot teacher preparation programs

19  may shall be established with the authorization of the

20  Commissioner of Education at colleges and universities with

21  state-approved teacher education programs at the University of

22  Central Florida, the University of North Florida, and the

23  University of South Florida. These programs shall include a

24  year-long paid teaching assignment and competency-based

25  learning experiences and shall be designed to encourage

26  high-achieving students, as identified by the institution, to

27  pursue a career in education. Priority consideration shall be

28  given to students obtaining academic degrees in mathematics,

29  science, engineering, reading, or identified critical shortage

30  areas. Students chosen to participate in the pilot programs

31  shall agree to teach for at least 3 1 years year after they


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 1  receive their degrees. Criteria for identifying high-achieving

 2  students shall be developed by the institution and shall

 3  include, at a minimum, requirements that the student have a

 4  3.3 grade point average or above and that the student has

 5  demonstrated mastery of general knowledge pursuant to s.

 6  1012.56. The year-long paid teaching assignment shall begin

 7  after completion of the equivalent of 3 years of the state

 8  university teacher preparation program.

 9         (a)  Each pilot program shall be designed to include:

10         1.  A year-long paid teaching assignment at a

11  low-performing specified school site during the fourth year of

12  the state university teacher preparation program, which

13  includes intense supervision by a support team trained in

14  clinical education. The support team shall include a state

15  university supervisor and experienced school-based mentors. A

16  mentor teacher shall be assigned to each fourth year employed

17  teacher to implement an individualized learning plan. This

18  mentor teacher will be considered an adjunct professor for

19  purposes of this program and may receive credit for time spent

20  as a mentor teacher in the program. The mentor teacher must

21  have a master's degree or above, a minimum of 3 years of

22  teaching experience, and clinical education training or

23  certification by the National Board for of Professional

24  Teaching Standards. Experiences and instruction may be

25  delivered by other mentors, assigned teachers, professors,

26  individualized learning, and demonstrations. Students in this

27  paid teaching assignment shall assume full responsibility of

28  all teaching duties.

29         2.  Professional education curriculum requirements that

30  address the educator-accomplished practices and other

31  competencies specified in state board rule.


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 1         3.  A modified instructional delivery system that

 2  provides onsite training during the paid teaching assignment

 3  in the professional education areas and competencies specified

 4  in this subsection. The institutions participating in this

 5  pilot program shall be given a waiver to provide a modified

 6  instructional delivery system meeting criteria that allows

 7  earned credit through nontraditional approaches. The modified

 8  system may provide for an initial evaluation of the

 9  candidate's competencies to determine an appropriate

10  individualized professional development plan and may provide

11  for earned credit by:

12         a.  Internet learning and competency acquisition.

13         b.  Learning acquired by observing demonstrations and

14  being observed in application.

15         c.  Independent study or instruction by mentor teachers

16  or adjunct teachers.

17         4.  Satisfactory demonstration of the

18  educator-accomplished practices and content area competencies

19  for program completion.

20         5.  For program completion, required achievement of

21  passing scores on all tests required for certification by

22  State Board of Education rules.

23         (b)  Beginning in July 2003, each institution

24  participating in the pilot program shall submit to the

25  Commissioner of Education an annual report evaluating the

26  effectiveness of the program. The report shall include, but

27  shall not be limited to, the number of students selected for

28  the pilot program, the number of students successfully

29  completing the pilot program, the number of program

30  participants who passed all required examinations, the number

31  of program participants who successfully demonstrated all


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 1  required competencies, and a followup study to determine the

 2  number of pilot program completers who were employed in a

 3  teaching position and employers' satisfaction with the

 4  performance of pilot program completers based upon student

 5  performance.

 6         (c)  This subsection shall be implemented to the extent

 7  specifically funded in the General Appropriations Act.

 8         (12)(11)  RULES.--The State Board of Education shall

 9  adopt necessary rules pursuant to ss. 120.536(1) and 120.54 to

10  implement this section.

11         Section 38.  Subsection (1) of section 1006.08, Florida

12  Statutes, is amended to read:

13         1006.08  District school superintendent duties relating

14  to student discipline and school safety.--

15         (1)  The district school superintendent shall recommend

16  plans to the district school board for the proper accounting

17  for all students of school age, for the attendance and control

18  of students at school, and for the proper attention to health,

19  safety, and other matters which will best promote the welfare

20  of students. Each district school superintendent shall fully

21  support the authority of his or her principals, teachers, and

22  school bus drivers to remove disobedient, disrespectful,

23  violent, abusive, uncontrollable, or disruptive students from

24  the classroom and the school bus and, when appropriate and

25  available, to place such students in an alternative

26  educational setting. When the district school superintendent

27  makes a recommendation for expulsion to the district school

28  board, he or she shall give written notice to the student and

29  the student' s parent of the recommendation, setting forth the

30  charges against the student and advising the student and his

31  or her parent of the student's right to due process as


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 1  prescribed by ss. 120.569 and 120.57(2). When district school

 2  board action on a recommendation for the expulsion of a

 3  student is pending, the district school superintendent may

 4  extend the suspension assigned by the principal beyond 10

 5  school days if such suspension period expires before the next

 6  regular or special meeting of the district school board.

 7         Section 39.  Paragraph (a) of subsection (1) of section

 8  1006.09, Florida Statutes, is amended to read:

 9         1006.09  Duties of school principal relating to student

10  discipline and school safety.--

11         (1)(a)  Subject to law and to the rules of the State

12  Board of Education and the district school board, the

13  principal in charge of the school or the principal's designee

14  shall develop policies for delegating to any teacher or other

15  member of the instructional staff or to any bus driver

16  transporting students of the school responsibility for the

17  control and direction of students. Each school principal shall

18  fully support the authority of his or her teachers and school

19  bus drivers to remove disobedient, disrespectful, violent,

20  abusive, uncontrollable, or disruptive students from the

21  classroom and the school bus and, when appropriate and

22  available, place such students in an alternative educational

23  setting. The principal or the principal's designee must give

24  full consideration to shall consider the recommendation for

25  discipline made by a teacher, other member of the

26  instructional staff, or a bus driver when making a decision

27  regarding student referral for discipline.

28         Section 40.  Section 1012.05, Florida Statutes, is

29  amended to read:

30         1012.05  Teacher recruitment and retention.--

31  


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 1         (1)  The Department of Education, in cooperation with

 2  teacher organizations, district personnel offices, and

 3  schools, colleges, and departments of all education in public

 4  and nonpublic postsecondary educational institutions, shall

 5  concentrate on the recruitment of qualified teachers.

 6         (2)  The Department of Education shall:

 7         (a)  Develop and implement a system for posting

 8  teaching vacancies and establish a database of teacher

 9  applicants that is accessible within and outside the state.

10         (b)  Advertise in major newspapers, national

11  professional publications, and other professional publications

12  and in public and nonpublic postsecondary educational

13  institutions schools of education.

14         (c)  Utilize state and nationwide toll-free numbers.

15         (d)  Conduct periodic communications with district

16  personnel directors regarding applicants.

17         (e)  Provide district access to the applicant database

18  by computer or telephone.

19         (f)  Develop and distribute promotional materials

20  related to teaching as a career.

21         (g)  Publish and distribute information pertaining to

22  employment opportunities, application procedures, and all

23  routes toward teacher certification in Florida, and teacher

24  salaries.

25         (h)  Provide information related to certification

26  procedures.

27         (i)  Develop and sponsor the Florida Future Educator of

28  America Program throughout the state.

29         (j)  Develop, in consultation with school district

30  staff including, but not limited to, district school

31  superintendents, district school board members, and district


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 1  human resources personnel, a long-range plan for educator

 2  recruitment and retention.

 3         (k)  Identify best practices for retaining high-quality

 4  teachers.

 5         (l)  Develop, in consultation with Workforce Florida,

 6  Inc., and the Agency for Workforce Innovation, created

 7  pursuant to ss. 445.004 and 20.50, respectively, a plan for

 8  accessing and identifying available resources in the state's

 9  workforce system for the purpose of enhancing teacher

10  recruitment and retention.

11         (m)  Develop and implement a First Response Center to

12  provide educator candidates one-stop shopping for information

13  on teaching careers in Florida and establish the Teacher

14  Lifeline Network to provide on-line support to beginning

15  teachers and those needing assistance.

16         (3)  The Department of Education, in cooperation with

17  district personnel offices, shall sponsor a job fair in a

18  central part of the state to match in-state educators and

19  potential educators and out-of-state educators and potential

20  educators with teaching opportunities in this state.

21         (4)  Subject to proviso in the General Appropriations

22  Act, the Commissioner of Education may use funds appropriated

23  by the Legislature and funds from federal grants and other

24  sources to provide incentives for teacher recruitment and

25  preparation programs. The purpose of the use of such funds is

26  to recruit and prepare individuals who do not graduate from

27  state-approved teacher preparation programs to teach in a

28  Florida public school. The commissioner may contract with

29  entities other than, and including, approved teacher

30  preparation programs to provide intensive teacher training

31  leading to passage of the required certification exams for the


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 1  desired subject area or coverage. The commissioner shall

 2  survey school districts to evaluate the effectiveness of such

 3  programs.

 4         Section 41.  Section 1012.231, Florida Statutes, is

 5  created to read:

 6         1012.231  BEST Florida Teaching salary career ladder

 7  program; assignment of teachers.--

 8         (1)  SALARY CAREER LADDER FOR CLASSROOM

 9  TEACHERS.--Beginning with the 2004-2005 academic year, each

10  district school board shall implement a salary career ladder

11  for classroom teachers as defined in s. 1012.01(2)(a).

12  Performance shall be defined as designated in s.

13  1012.34(3)(a)1.-7. District school boards shall designate

14  categories of classroom teachers reflecting these salary

15  career ladder levels as follows:

16         (a)  Associate teacher.--Classroom teachers in the

17  school district who have not yet received a professional

18  certificate or those with a professional certificate who are

19  evaluated as low-performing teachers.

20         (b)  Professional teacher.--Classroom teachers, in the

21  school district who have received a professional certificate.

22         (c)  Lead teacher.--Classroom teachers in the school

23  district who are responsible for leading others in the school

24  as department chair, lead teacher, grade-level leader, intern

25  coordinator, or professional development coordinator. Lead

26  teachers must participate on a regular basis in the direct

27  instruction of students and serve as faculty for professional

28  development activities as determined by the State Board of

29  Education.  To be eligible for designation as a lead teacher,

30  a teacher must demonstrate outstanding performance pursuant to

31  


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 1  s. 1012.34(3)(a)1.-7. and must have been a "professional

 2  teacher" pursuant to paragraph (b) for at least 1 year.

 3         (d)  Mentor teacher.--Classroom teachers in the school

 4  district who serve as regular mentors to other teachers who

 5  are either not performing satisfactorily or who strive to

 6  become more proficient.  Mentor teachers must serve as

 7  faculty-based professional development coordinators and

 8  regularly demonstrate and share their expertise with other

 9  teachers in order to remain mentor teachers. Mentor teachers

10  must also participate on a regular basis in the direct

11  instruction of low-performing students. To be eligible for

12  designation as a mentor teacher, a teacher must demonstrate

13  outstanding performance pursuant to s. 1012.34(3)(a)1.-7. and

14  must have been a "lead teacher" pursuant to paragraph (c) for

15  at least two years.

16  

17  Promotion of a teacher to a higher level on the salary career

18  ladder shall be based upon prescribed performance criteria and

19  not based upon length of service.

20         (2)  TEACHER ASSIGNMENT.--School districts may not

21  assign a higher percentage than the school district average of

22  first-time teachers, temporarily certified teachers, teachers

23  in need of improvement, or out-of-field teachers to schools

24  with above the school district average of minority and

25  economically disadvantaged students or schools that are graded

26  "D" or "F." District school boards are authorized to provide

27  salary incentives to meet this requirement. No district school

28  board shall sign a collective bargaining agreement that fails

29  to provide sufficient incentives to meet this requirement.

30         (3)  STATE BOARD AND SCHOOL DISTRICT PLANS.--The State

31  Board of Education shall develop a long-range plan to


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 1  implement a differentiated pay model for teachers beginning in

 2  the 2004-2005 academic year, based upon the differentiated

 3  classroom teacher categories in subsection (1). No later than

 4  December 1, 2003, the State Board of Education shall approve

 5  guidelines and criteria for the district plans. District

 6  school boards shall develop plans to implement the salary

 7  career ladder prescribed in this section and submit these

 8  plans to the State Board of Education by March 1, 2004.

 9         Section 42.  Section 1012.27, Florida Statutes, is

10  amended to read:

11         1012.27  Public school personnel; powers and duties of

12  district school superintendent.--The district school

13  superintendent is shall be responsible, as required herein,

14  for directing the work of the personnel, subject to the

15  requirements of this chapter, and in addition the district

16  school superintendent shall perform have the following duties:

17         (1)  POSITIONS, QUALIFICATIONS, AND NOMINATIONS.--

18         (a)  Recommend to the district school board duties and

19  responsibilities which need to be performed and positions

20  which need to be filled to make possible the development of an

21  adequate school program in the district.

22         (b)  Recommend minimum qualifications of personnel for

23  these various positions, and nominate in writing persons to

24  fill such positions.

25  

26  The district school superintendent's recommendations for

27  filling instructional positions at the school level must

28  consider nominations received from school principals of the

29  respective schools. Before transferring a teacher who holds a

30  professional teaching certificate from one school to another,

31  the district school superintendent shall consult with the


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 1  principal of the receiving school and allow the principal to

 2  review the teacher's records and interview the teacher. If, in

 3  the judgment of the principal, students would not benefit from

 4  the placement, an alternative placement may be sought.

 5         (2)  COMPENSATION AND SALARY SCHEDULES.--Prepare and

 6  recommend to the district school board for adoption a salary

 7  schedule or salary schedules. The district school

 8  superintendent must recommend a salary schedule for

 9  instructional personnel which bases a portion of each

10  employee's compensation on performance demonstrated under s.

11  1012.34. In developing the recommended salary schedule, the

12  district school superintendent shall include input from

13  parents, teachers, and representatives of the business

14  community. Beginning with the 2004-2005 academic year, the

15  recommended salary schedule for classroom teachers shall be

16  consistent with the district's career ladder based upon s.

17  1012.231.

18         (3)  CONTRACTS AND TERMS OF SERVICE.--Recommend to the

19  district school board terms for contracting with employees and

20  prepare such contracts as are approved.

21         (4)  TRANSFER.--Recommend employees for transfer and

22  transfer any employee during any emergency and report the

23  transfer to the district school board at its next regular

24  meeting.

25         (5)  SUSPENSION AND DISMISSAL.--Suspend members of the

26  instructional staff and other school employees during

27  emergencies for a period extending to and including the day of

28  the next regular or special meeting of the district school

29  board and notify the district school board immediately of such

30  suspension. When authorized to do so, serve notice on the

31  suspended member of the instructional staff of charges made


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 1  against him or her and of the date of hearing. Recommend

 2  employees for dismissal under the terms prescribed herein.

 3         (6)  DIRECT WORK OF EMPLOYEES AND SUPERVISE

 4  INSTRUCTION.--Direct or arrange for the proper direction and

 5  improvement, under rules of the district school board, of the

 6  work of all members of the instructional staff and other

 7  employees of the district school system, supervise or arrange

 8  under rules of the district school board for the supervision

 9  of instruction in the district, and take such steps as are

10  necessary to bring about continuous improvement.

11         Section 43.  Subsections (1), (2), (3), (4), and (5) of

12  section 1012.56, Florida Statutes, are amended to read:

13         1012.56  Educator certification requirements.--

14         (1)  APPLICATION.--Each person seeking certification

15  pursuant to this chapter shall submit a completed application

16  containing the applicant's social security number to the

17  Department of Education and remit the fee required pursuant to

18  s. 1012.59 and rules of the State Board of Education. Pursuant

19  to the federal Personal Responsibility and Work Opportunity

20  Reconciliation Act of 1996, each party is required to provide

21  his or her social security number in accordance with this

22  section. Disclosure of social security numbers obtained

23  through this requirement is shall be limited to the purpose of

24  administration of the Title IV-D program of the Social

25  Security Act for child support enforcement. Pursuant to s.

26  120.60, the department shall issue within 90 calendar days

27  after the stamped receipted date of the completed application:

28         (a)  A certificate covering the classification, level,

29  and area for which the applicant is deemed qualified; or

30         (b)  An official statement of status of eligibility.

31  The statement of status of eligibility must advise the


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 1  applicant of any qualifications that must be completed to

 2  qualify for certification. Each statement of status of

 3  eligibility is valid for 3 2 years after its date of issuance,

 4  except as provided in paragraph (2)(d). A statement of status

 5  of eligibility may be reissued for one additional 2-year

 6  period if application is made while the initial statement of

 7  status of eligibility is valid or within 1 year after the

 8  initial statement expires, and if the certification subject

 9  area is authorized to be issued by the state board at the time

10  the application requesting a reissued statement of status of

11  eligibility is received.

12         (2)  ELIGIBILITY CRITERIA.--To be eligible to seek

13  certification pursuant to this chapter, a person must:

14         (a)  Be at least 18 years of age.

15         (b)  File a written statement, under oath, that the

16  applicant subscribes to and will uphold the principles

17  incorporated in the Constitution of the United States and the

18  Constitution of the State of Florida.

19         (c)  Document receipt of a bachelor's or higher degree

20  from an accredited institution of higher learning, or a

21  nonaccredited institution of higher learning that the

22  Department of Education has identified as having a quality

23  program resulting in a bachelor's degree, or higher. Each

24  applicant seeking initial certification must have attained at

25  least a 2.5 overall grade point average on a 4.0 scale in the

26  applicant's major field of study. The applicant may document

27  the required education by submitting official transcripts from

28  institutions of higher education or by authorizing the direct

29  submission of such official transcripts through established

30  electronic network systems. The bachelor's or higher degree

31  


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 1  may not be required in areas approved in rule by the State

 2  Board of Education as nondegreed areas.

 3         (d)  Submit to a fingerprint check from the Department

 4  of Law Enforcement and the Federal Bureau of Investigation

 5  pursuant to s. 1012.32. If the fingerprint reports indicate a

 6  criminal history or if the applicant acknowledges a criminal

 7  history, the applicant's records shall be referred to the

 8  Bureau of Educator Standards for review and determination of

 9  eligibility for certification. If the applicant fails to

10  provide the necessary documentation requested by the Bureau of

11  Educator Standards within 90 days after the date of the

12  receipt of the certified mail request, the statement of

13  eligibility and pending application shall become invalid.

14         (e)  Be of good moral character.

15         (f)  Be competent and capable of performing the duties,

16  functions, and responsibilities of an educator.

17         (g)  Demonstrate mastery of general knowledge, pursuant

18  to subsection (3).

19         (h)  Demonstrate mastery of subject area knowledge,

20  pursuant to subsection (4).

21         (i)  Demonstrate mastery of professional preparation

22  and education competence, pursuant to subsection (5).

23         (3)  MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of

24  demonstrating mastery of general knowledge are:

25         (a)  Achievement of passing scores on basic skills

26  examination required by state board rule;

27         (b)  Achievement of passing scores on the College Level

28  Academic Skills Test earned prior to July 1, 2002;

29         (c)  A valid professional standard teaching certificate

30  issued by another state that requires an examination of

31  mastery of general knowledge;


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 1         (d)  A valid standard teaching certificate issued by

 2  another state and valid certificate issued by the National

 3  Board for Professional Teaching Standards; or

 4         (e)  Documentation of two semesters of successful

 5  teaching in a community college, state university, or private

 6  college or university that awards an associate or higher

 7  degree and is an accredited institution or an institution of

 8  higher education identified by the Department of Education as

 9  having a quality program. A valid standard teaching

10  certificate issued by another state and documentation of 2

11  years of continuous successful full-time teaching or

12  administrative experience during the 5-year period immediately

13  preceding the date of application for certification.

14         (4)  MASTERY OF SUBJECT AREA KNOWLEDGE.--Acceptable

15  means of demonstrating mastery of subject area knowledge are:

16         (a)  Achievement of passing scores on subject area

17  examinations required by state board rule;

18         (b)  Completion of the subject area specialization

19  requirements specified in state board rule and verification of

20  the attainment of the essential subject matter competencies by

21  the district school superintendent of the employing school

22  district or chief administrative officer of the employing

23  state-supported or private school for a subject area for which

24  a subject area examination has not been developed and required

25  by state board rule;

26         (c)  Completion of the graduate level subject area

27  specialization requirements specified in state board rule for

28  a subject coverage requiring a master's or higher degree and

29  achievement of a passing score on the subject area examination

30  specified in state board rule;

31  


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 1         (d)  A valid professional standard teaching certificate

 2  issued by another state that requires an examination of

 3  mastery of subject area knowledge; or

 4         (e)  A valid standard teaching certificate issued by

 5  another state and valid certificate issued by the National

 6  Board for Professional Teaching Standards.; or

 7         (f)  A valid standard teaching certificate issued by

 8  another state and documentation of 2 years of continuous

 9  successful full-time teaching or administrative experience

10  during the 5-year period immediately preceding the date of

11  application for certification.

12         (5)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION

13  COMPETENCE.--Acceptable means of demonstrating mastery of

14  professional preparation and education competence are:

15         (a)  Completion of an approved teacher preparation

16  program at a postsecondary educational institution within this

17  state and achievement of a passing score on the professional

18  education competency examination required by state board rule;

19         (b)  Completion of a teacher preparation program at a

20  postsecondary educational institution outside Florida and

21  achievement of a passing score on the professional education

22  competency examination required by state board rule;

23         (c)  A valid professional standard teaching certificate

24  issued by another state that requires an examination of

25  mastery of professional education competence;

26         (d)  A valid standard teaching certificate issued by

27  another state and valid certificate issued by the National

28  Board for Professional Teaching Standards;

29         (e)  Documentation of two semesters of successful

30  teaching in a community college, state university, or private

31  college or university that awards an associate or higher


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 1  degree and is an accredited institution or an institution of

 2  higher education identified by the Department of Education as

 3  having a quality program A valid standard teaching certificate

 4  issued by another state and documentation of 2 years of

 5  continuous successful full-time teaching or administrative

 6  experience during the 5-year period immediately preceding the

 7  date of application for certification;

 8         (f)  Completion of professional preparation courses as

 9  specified in state board rule, successful completion of a

10  professional education competence demonstration program

11  pursuant to paragraph (7)(b), and achievement of a passing

12  score on the professional education competency examination

13  required by state board rule; or

14         (g)  Successful completion of a professional

15  preparation alternative certification and education competency

16  program, outlined in paragraph (7)(a).

17         Section 44.  Subsection (1) of section 1012.57, Florida

18  Statutes, is amended to read:

19         1012.57  Certification of adjunct educators.--

20         (1)  Notwithstanding the provisions of ss. 1012.32,

21  1012.55, and 1012.56, or any other provision of law or rule to

22  the contrary, district school boards shall adopt rules to

23  allow for the issuance of may issue an adjunct teaching

24  certificate to any applicant who fulfills the requirements of

25  s. 1012.56(2)(a)-(f) and who has expertise in the subject area

26  to be taught. An applicant shall be considered to have

27  expertise in the subject area to be taught if the applicant

28  has at least a minor in the subject area or demonstrates

29  sufficient subject area mastery through passage of a subject

30  area test as determined by district school board policy. The

31  adjunct teaching certificate shall be used for part-time


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 1  teaching positions. The intent of this provision is to allow

 2  school districts to tap the wealth of talent and expertise

 3  represented in Florida's citizens who may wish to teach

 4  part-time in a Florida public school by permitting school

 5  districts to issue adjunct certificates to qualified

 6  applicants. Adjunct certificateholders should be used as a

 7  strategy to reduce the teacher shortage; thus, adjunct

 8  certificateholders should supplement a school's instructional

 9  staff, not supplant it. Each school principal shall assign an

10  experienced peer mentor to assist the adjunct teaching

11  certificateholder during the certificateholder's first year of

12  teaching, and an adjunct certificateholder may participate in

13  a district's new teacher training program. District school

14  boards shall provide the adjunct teaching certificateholder an

15  orientation in classroom management prior to assigning the

16  certificateholder to a school. Each adjunct teaching

17  certificate is valid for 5 school years and is renewable if:

18         (a)  The applicant completes a minimum of 60 inservice

19  points or 3 semester hours of college credit. The earned

20  credits must include instruction in classroom management,

21  district school board procedures, school culture, and other

22  activities that enhance the professional teaching skills of

23  the certificateholder.

24         (b)  the applicant has received satisfactory

25  performance evaluations during each year of teaching under

26  adjunct teaching certification.

27         Section 45.  Paragraph (a) of subsection (1),

28  subsection (2), and paragraph (a) of subsection (3) of section

29  1012.585, Florida Statutes, are amended to read:

30         1012.585  Process for renewal of professional

31  certificates.--


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 1         (1)(a)  District school boards in this state shall

 2  renew state-issued professional certificates as follows:

 3         1.  Each district school board shall renew state-issued

 4  professional certificates for individuals who hold a

 5  state-issued professional certificate by this state and are

 6  employed by that district pursuant to criteria established in

 7  subsections (2), (3), and (4) and rules of the State Board of

 8  Education.

 9         2.  The employing school district may charge the

10  individual an application fee not to exceed the amount charged

11  by the Department of Education for such services, including

12  associated late renewal fees. Each district school board shall

13  transmit monthly to the department a fee in an amount

14  established by the State Board of Education for each renewed

15  certificate. The fee shall not exceed the actual cost for

16  maintenance and operation of the statewide certification

17  database and for the actual costs incurred in printing and

18  mailing such renewed certificates. As defined in current rules

19  of the state board, the department shall contribute a portion

20  of such fee for purposes of funding the Educator Recovery

21  Network established in s. 1012.798. The department shall

22  deposit all funds into the Educational Certification Trust

23  Fund for use as specified in s. 1012.59.

24         (2)(a)  All professional certificates, except a

25  nonrenewable professional certificate, shall be renewable for

26  successive periods not to exceed 5 years after the date of

27  submission of documentation of completion of the requirements

28  for renewal provided in subsection (3). Only one renewal may

29  be granted during each 5-year validity period of a

30  professional certificate.

31  


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 1         (b)  A teacher with national certification from the

 2  National Board for Professional Teaching Standards is deemed

 3  to meet state renewal requirements for the life of the

 4  teacher's national certificate in the subject shown on the

 5  national certificate. A complete renewal application and fee

 6  shall be submitted. The Commissioner of Education shall notify

 7  teachers of the renewal application and fee requirements.

 8         (c)  If the renewal application form is not received by

 9  the department or by the employing school district before the

10  expiration of the professional certificate, the application

11  form, application fee, and a late fee must be submitted before

12  July 1 of the year following expiration of the certificate in

13  order to renew the professional certificate.

14         (d)  The State Board of Education shall adopt rules to

15  allow a 1-year extension of the validity period of a

16  professional certificate in the event of serious illness,

17  injury, or other extraordinary extenuating circumstances of

18  the applicant. The department shall grant such 1-year

19  extension upon written request by the applicant or by the

20  district school superintendent or the governing authority of a

21  university lab school, state-supported school, or private

22  school that employs the applicant.

23         (3)  For the renewal of a professional certificate, the

24  following requirements must be met:

25         (a)  The applicant must earn a minimum of 6 college

26  credits or 120 inservice points or a combination thereof. For

27  each area of specialization to be retained on a certificate,

28  the applicant must earn at least 3 of the required credit

29  hours or equivalent inservice points in the specialization

30  area. Education in "clinical educator" training pursuant to s.

31  1004.04(6)(b) 1004.04(5)(b) and credits or points that provide


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 1  training in the area of scientifically researched,

 2  knowledge-based reading literacy and computational skills

 3  acquisition, exceptional student education, normal child

 4  development, and the disorders of development may be applied

 5  toward any specialization area. Credits or points that provide

 6  training in the areas of drug abuse, child abuse and neglect,

 7  strategies in teaching students having limited proficiency in

 8  English, or dropout prevention, or training in areas

 9  identified in the educational goals and performance standards

10  adopted pursuant to ss. 1000.03(5) and 1001.23 may be applied

11  toward any specialization area. Credits or points earned

12  through approved summer institutes may be applied toward the

13  fulfillment of these requirements. Inservice points may also

14  be earned by participation in professional growth components

15  approved by the State Board of Education and specified

16  pursuant to s. 1012.98 in the district's approved master plan

17  for inservice educational training, including, but not limited

18  to, serving as a trainer in an approved teacher training

19  activity, serving on an instructional materials committee or a

20  state board or commission that deals with educational issues,

21  or serving on an advisory council created pursuant to s.

22  1001.452.

23         Section 46.  Section 1012.586, Florida Statutes, is

24  created to read:

25         1012.586  Additions or changes to certificates;

26  duplicate certificates.--A school district may process via a

27  Department of Education website certificates for the following

28  applications of public school employees:

29         (1)  Addition of a subject coverage or endorsement to a

30  valid Florida certificate on the basis of the completion of

31  the appropriate subject area testing requirements of s.


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 1  1012.56(4)(a) or the completion of the requirements of an

 2  approved school district program or the inservice components

 3  for an endorsement.

 4         (2)  A reissued certificate to reflect a name change.

 5         (3)  A duplicate certificate to replace a lost or

 6  damaged certificate.

 7  

 8  The employing school district shall charge the employee a fee

 9  not to exceed the amount charged by the Department of

10  Education for such services. Each district school board shall

11  retain a portion of the fee as defined in the rules of the

12  State Board of Education. The portion sent to the department

13  shall be used for maintenance of the technology system, the

14  web application, and posting and mailing of the certificate.

15         Section 47.  Subsection (2), paragraph (b) of

16  subsection (3), and subsections (5), (6), (7), (8), (9), (10),

17  and (11) of section 1012.98, Florida Statutes, are amended to

18  read:

19         1012.98  School Community Professional Development

20  Act.--

21         (2)  The school community includes students and

22  parents, administrative personnel, managers, instructional

23  personnel, support personnel, members of district school

24  boards, members of school advisory councils, parents, business

25  partners, and personnel that provide health and social

26  services to students school children. School districts may

27  identify and include additional members of the school

28  community in the professional development activities required

29  by this section.

30         (3)  The activities designed to implement this section

31  must:


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 1         (b)  Assist the school community in providing

 2  stimulating, scientifically research-based educational

 3  activities that encourage and motivate students to achieve at

 4  the highest levels and to become active learners.

 5         (5)(a)  The Department of Education shall provide a

 6  system for the recruitment, preparation, and professional

 7  development of school administrative personnel. This system

 8  shall:

 9         1.  Identify the knowledge, competencies, and skills

10  necessary for effective school management and instructional

11  leadership that align with student performance standards and

12  accountability measures.

13         2.  Include performance evaluation methods.

14         3.  Provide for alternate means for preparation of

15  school administrative personnel which may include programs

16  designed by school districts and postsecondary educational

17  institutions pursuant to guidelines developed by the

18  commissioner. Such preparation programs shall be approved by

19  the Department of Education.

20         4.  Provide for the hiring of qualified out-of-state

21  school administrative personnel.

22         5.  Provide advanced educational opportunities for

23  school-based instructional leaders.

24         (b)  The Commissioner of Education shall appoint a task

25  force that includes a district school superintendent, a

26  district school board member, a principal, an assistant

27  principal, a teacher, a dean of a college of education, and

28  parents. The task force shall convene periodically to provide

29  recommendations to the department in the areas of recruitment,

30  certification, preparation, professional development, and

31  evaluation of school administrators.


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 1         (5)(6)  Each district school board shall provide

 2  funding for the professional development system as required by

 3  s. 1011.62 and the General Appropriations Act, and shall

 4  direct expenditures from other funding sources to strengthen

 5  the system and make it uniform and coherent. A school district

 6  may coordinate its professional development program with that

 7  of another district, with an educational consortium, or with a

 8  community college or university, especially in preparing and

 9  educating personnel. Each district school board shall make

10  available inservice activities to instructional personnel of

11  nonpublic schools in the district and the state certified

12  teachers who are not employed by the district school board on

13  a fee basis not to exceed the cost of the activity per all

14  participants.

15         (6)(7)  An organization of private schools which has no

16  fewer than 10 member schools in this state, which publishes

17  and files with the Department of Education copies of its

18  standards, and the member schools of which comply with the

19  provisions of part II of chapter 1003, relating to compulsory

20  school attendance, may also develop a professional development

21  system that includes a master plan for inservice activities.

22  The system and inservice plan must be submitted to the

23  commissioner for approval pursuant to rules of the State Board

24  of Education.

25         (7)(8)  The Department of Education shall design

26  methods by which the state and district school boards may

27  evaluate and improve the professional development system. The

28  evaluation must include an annual assessment of data that

29  indicate progress or lack of progress of all students. If the

30  review of the data indicates progress, the department shall

31  identify the best practices that contributed to the progress.


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 1  If the review of the data indicates a lack of progress, the

 2  department shall investigate the causes of the lack of

 3  progress, provide technical assistance, and require the school

 4  district to employ a different approach to professional

 5  development. The department shall report annually to the State

 6  Board of Education and the Legislature any school district

 7  that, in the determination of the department, has failed to

 8  provide an adequate professional development system. This

 9  report must include the results of the department's

10  investigation and of any intervention provided.

11         (8)(9)  The State Board of Education may adopt rules

12  pursuant to ss. 120.536(1) and 120.54 to administer this

13  section.

14         (9)(10)  This section does not limit or discourage a

15  district school board from contracting with independent

16  entities for professional development services and inservice

17  education if the district school board can demonstrate to the

18  Commissioner of Education believes that, through such a

19  contract, a better product can be acquired or its goals for

20  education improvement can be better met.

21         (10)(11)  For teachers, managers, and administrative

22  personnel who have been evaluated as less than satisfactory, a

23  district school board shall require participation in specific

24  professional development programs as part of the improvement

25  prescription.

26         Section 48.  Paragraph (b) of subsection (1) of section

27  1009.531, Florida Statutes, is amended to read:

28         1009.531  Florida Bright Futures Scholarship Program;

29  student eligibility requirements for initial awards.--

30  

31  


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 1         (1)  To be eligible for an initial award from any of

 2  the three types of scholarships under the Florida Bright

 3  Futures Scholarship Program, a student must:

 4         (b)  Earn a standard Florida high school diploma or its

 5  equivalent as described in s. 1003.429, s. 1003.43, or s.

 6  1003.435 1003.45 unless:

 7         1.  The student is enrolled full time in the early

 8  admission program of an eligible postsecondary education

 9  institution or completes a home education program according to

10  s. 1002.41; or

11         2.  The student earns a high school diploma from a

12  non-Florida school while living with a parent or guardian who

13  is on military or public service assignment away from Florida.

14         Section 49.  Part VIII of chapter 159, Florida

15  Statutes, consisting of sections 159.831, 159.832, 159.833,

16  159.834, and 159.835, is created to read:

17         159.831  Short title.--This part may be cited as the

18  "Florida Qualified Public Educational Facilities Private

19  Activity Bond Allocation Act."

20         159.832  Purpose.--The purpose of this part is to

21  allocate the state volume limitation imposed by s.

22  142(k)(5)(A) of the code on private activity bonds to finance

23  qualified public educational facilities. No private activity

24  bond subject to the limitation in s. 142(k)(5)(A) of the code

25  shall be issued in this state unless a written confirmation

26  therefor is issued pursuant to this part.

27         159.833  Definitions.--As used in this part, the term:

28         (1)  "Board" means the State Board of Education,

29  created pursuant to Section 2, Article IX of the State

30  Constitution.

31  


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 1         (2)  "Code" means the Internal Revenue Code of 1986, as

 2  amended, and the regulations and rulings issued thereunder.

 3         (3)  "Commissioner" means the Commissioner of

 4  Education.

 5         (4)  "Department" means the Department of Education,

 6  created pursuant to s. 20.15.

 7         (5)  "Issued" has the same meaning as in the code.

 8         (6)  "Private activity bond" means any bond described

 9  in s. 141 of the code.

10         (7)  "Qualified Public Educational Facility" means a

11  facility described in s. 142(k)(1) of the code.

12         159.834  Allocation of state volume limitation.--

13         (1)  By February 1, 2004, the board shall establish a

14  program for allocating the state volume limitation imposed by

15  s. 142(k)(5)(A) of the code on private activity bonds to

16  finance qualified public educational facilities. Such program

17  shall include objective criteria to be considered in

18  determining whether to grant a request for such volume

19  limitation, including, but not limited to, the need for a

20  qualified public educational facility in the area proposed in

21  the application, the number of students to be served by such

22  facility, and the cost effectiveness of the proposed facility.

23  The program shall be administered by the department.

24         (2)  The department shall annually determine the amount

25  of private activity bonds for qualified public educational

26  facilities permitted to be issued in this state under s. 142

27  (k)(5) of the code and shall make such information available

28  upon request to any person or agency.

29         (3)  The department shall ensure that any volume

30  limitation unused at the end of each calendar year is carried

31  forward pursuant to s. 142(k)(5)(B)(ii) of the code.


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 1         (4)  The commissioner shall sign any certificate

 2  required by the code relating to the allocation of the state

 3  volume limitation on private activity bonds to finance

 4  qualified public educational facilities.

 5         159.835  Rules.--The board and the department shall

 6  adopt any rules necessary to ensure the orderly implementation

 7  and administration of this act.

 8         Section 50.  Paragraph (c) of subsection (1) of section

 9  1012.22, Florida Statutes, is amended to read:

10         1012.22  Public school personnel; powers and duties of

11  the district school board.--The district school board shall:

12         (1)  Designate positions to be filled, prescribe

13  qualifications for those positions, and provide for the

14  appointment, compensation, promotion, suspension, and

15  dismissal of employees as follows, subject to the requirements

16  of this chapter:

17         (c)  Compensation and salary schedules.--

18         1.  The district school board shall adopt a salary

19  schedule or salary schedules designed to furnish incentives

20  for improvement in training and for continued efficient

21  service to be used as a basis for paying all school employees

22  and fix and authorize the compensation of school employees on

23  the basis thereof.

24         2.  A district school board, in determining the salary

25  schedule for instructional personnel, must base a portion of

26  each employee's compensation on performance demonstrated under

27  s. 1012.34, must consider the prior teaching experience of a

28  person who has been designated state teacher of the year by

29  any state in the United States, and must consider prior

30  professional experience in the field of education gained in

31  


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 1  positions in addition to district level instructional and

 2  administrative positions.

 3         3.  In developing the salary schedule, the district

 4  school board shall seek input from parents, teachers, and

 5  representatives of the business community.

 6         4.  Beginning with the 2002-2003 fiscal year, each

 7  district school board must adopt a performance-pay policy for

 8  school administrators and instructional personnel. The

 9  district's performance-pay policy is subject to negotiation as

10  provided in chapter 447; however, the adopted salary schedule

11  must allow school administrators and instructional personnel

12  who demonstrate outstanding performance, as measured under s.

13  1012.34, to earn a 5-percent supplement in addition to their

14  individual, negotiated salary. The supplements shall be funded

15  from the performance-pay reserve funds adopted in the salary

16  schedule. Beginning with the 2004-2005 academic year, the

17  district's 5-percent performance-pay policy must provide for

18  the evaluation of classroom teachers within each level of the

19  salary career ladder provided in s. 1012.231. The Commissioner

20  of Education shall determine whether the district school

21  board's adopted salary schedule complies with the requirement

22  for performance-based pay. If the district school board fails

23  to comply with this section, the commissioner shall withhold

24  disbursements from the Educational Enhancement Trust Fund to

25  the district until compliance is verified.

26         Section 51.  Section 1012.987, Florida Statutes, is

27  created to read:

28         1012.987  Education leadership development.--The State

29  Board of Education shall adopt rules through which school

30  principals may earn a principal leadership designation based

31  


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 1  on teacher retention, overall student performance, and school

 2  grade.

 3         Section 52.  (1)  In order to ensure that the

 4  construction of new and expanded education facilities provides

 5  the best long-term value, school districts shall compare the

 6  following life-cycle costs of materials used by competing

 7  providers when constructing or expanding school capacity:

 8         (a)  The anticipated annual energy consumption;

 9         (b)  The relative resistance to damage by wind loads

10  and associated debris;

11         (c)  The resistance to wood-destroying organisms;

12         (d)  The perpetual maintenance costs;

13         (e)  The resistance to fire; and

14         (f)  A comparison of the annual insurance costs.

15         (2)  School districts may rely on the information

16  provided by contractors if the contractor's analysis is based

17  on the best currently available methods, including those of

18  the National Institute of Standards and Technology, the

19  Department of Housing and Urban Development, and other federal

20  and state agencies and technical or professional societies.

21         Section 53.  If any provision of this act or its

22  application to any person or circumstance is held invalid, the

23  invalidity does not affect other provisions or applications of

24  the act which can be given effect without the invalid

25  provision or application, and to this end the provisions of

26  this act are severable.

27         Section 54.  If any law that is amended by this act was

28  also amended by a law enacted at the 2003 Regular Session of

29  the Legislature, such laws shall be construed as if they had

30  been enacted during the same session of the Legislature, and

31  full effect should be given to each if that is possible.


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 1         Section 55.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2003, and the

 3  changes effected by this act to the Deferred Retirement Option

 4  Program shall take effect June 1, 2003.

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